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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 17213
Experience:  I have been practising for 30 years.
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I am dealing with my husbands estate and have a final will

Customer Question

I am dealing with my husbands estate and have a final will and testament. Do I have to prove to anyone that this is the final will?
Submitted: 6 days ago.
Category: Law
Expert:  F E Smith replied 6 days ago.

Welcome to Just Answer.

I will be happy to assist with your question today. I need some time to consider this and compose a response. There is NO need to wait online because you will get an email when I respond. Sometimes it will be minutes, sometimes longer.

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are you the executor?

are you the only beneficiary? if not who else?

Customer: replied 6 days ago.
Expert:  F E Smith replied 6 days ago.

Thank you.

You have to swear an oath as to the provenance of the will. That oath is taken on face value.

It’s actually not possible to prove that there are no other wills. It’s virtually impossible to prove a negative.

You could prove there was one after this but you would not be able to prove that there wasn’t one which is why you just make the statutory declaration as part of the application.

If the solicitor is dealing with it for you they will deal with the affidavit/declaration/oath or if you are doing it yourself, you will have to do it at the probate registry.

I am glad to help.

Hopefully, I have answered your query in a way that is simple and easy to understand.

I would be more than happy to clarify anything else for you. In the meantime, thank you once again for using our services.

I am happy to answer any specific points arising from this.

Please be aware that my answer is based strictly upon the information you have given me.

If you still need any points clarifying, I will be happy to reply because the thread does not close. In fact, it remains open indefinitely.

I am always happy to answer any further questions you have on any new thread in which case, please start your question with, “ For FES only”.

You don’t need to do it on this thread, just a new thread. You have me exclusively on this one.

Thank you.

Best wishes.

FES