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Alice H
Alice H, Solicitor/Partner
Category: Law
Satisfied Customers: 2850
Experience:  Partner in national law firm
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My mothers will was witnessed by a neighbour,not a legal representative,is

Customer Question

My mothers will was witnessed by a neighbour,not a legal representative,is it legal? I am the only child,and was left everthing by her.
Thank you
Submitted: 3 years ago.
Category: Law
Expert:  Alice H replied 3 years ago.
My name is Alex Hughes and I'm happy to help with your question today.

It is not necessary for a legal representative to witness the the will.

Once the Will has been drawn up, it is not effective until it has been signed in the presence of two witnesses. The witnesses do not have to read the Will, and any clauses in the Will can be covered over with a sheet of paper if required.

The requirements about the witnesses are:

Both witnesses should be eighteen years old or over.
The maker signs first followed by each witness.
The witnesses are likely to be traceable if required.
The witness is not blind.
The witness is capable of understanding what they are doing.
The witnesses are not beneficiaries of the Will.
Each witness signs with his/her usual signature, followed by his/her printed name, address and occupation.
No one leaves the room before the signing is complete.

I hope this assists you.

Customer: replied 3 years ago.

Thank you

All seems correct then,as it was witnessed by 2 people.I have a sum of money in a bank account of hers,which has sat there since her death,I was a court of protection deputy for her,has this any bearing on it.?


She died 5 months ago,but I have not done anything about it,as I have been sick.


Do I take the will to the bank? or what should I do next


Expert:  Alice H replied 3 years ago.
You should contact the Executors named in the Will. Executors are the people who will be responsible for carrying out the wishes and for sorting out the estate. They will have to collect together all the assets of the estate, deal with all the paperwork and pay all the debts, taxes, funeral and administration costs out of money in the estate. They will need to pay out the gifts and transfer any property to you and any other beneficiaries. The bank will not give you anything just on production of the Will. The fact that you were her deputy doesn't make any difference to the way in which the Executors carry out their functions.
Customer: replied 3 years ago.

My husband is the executor,I think it should be straightforward then.


Thank you,


Expert:  Alice H replied 3 years ago.
Thats great! All the best.
Expert:  Alice H replied 3 years ago.

I am following up our conversation to see how you got on with the issue. If you need any further help then please let me know - remember I am a qualified UK Solicitor and able to help on most aspects of English Law. I am London based and usually able to respond to your query very quickly.

Alex Hughes