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Aston Lawyer
Aston Lawyer, Solicitor
Category: Family Law
Satisfied Customers: 11090
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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If a will exists. But later a piece of paper is found with a

Customer Question

If a will exists. But later a piece of paper is found with a different will. Written at a later date, signed by the person but no witnesses. Which will is used?
Or if no will exists, then a piece of paper is found as above
Submitted: 15 days ago.
Category: Family Law
Customer: replied 15 days ago.
Paper is not witness signed, and has no date.
Concerned if family member had taken paper note will and falsely had someone witness
Expert:  Aston Lawyer replied 15 days ago.

Hi, a Will is only valid if it is signed by the Testator and witnessed by 2 people.

So, no Bank or other institution will accept the piece of paper which has been signed by the Testator alone.

If there is no document which has been signed and witnessed by 2 people, then there is no Will and the Estate will need to be administered under the Rules of Intestacy (the rules relating to an Estate where the deceased did not leave a Will).

I hope this assists and if so, I would be grateful if you could rate my answer with 3-5 stars.

Kind Regards

Al

Customer: replied 15 days ago.
Our concern is that someone had taken the paper. If they falsely witness
Expert:  Aston Lawyer replied 15 days ago.

Well, if you are concerned and there was an earlier valid Will, the Executor should apply for Probate asap or apply for Letters of Administration if there was no valid Will.

When granted, this is official confirmation that the person has the right to deal with the Estate and which document the Banks etc will want to see before any account is closed.

Kind Regards Al