Probate - Punch Holes On Will

[gilesi]

My father's will has been marked 'Probate Refused' by the District Registrar. I have therefore sent the Probate Officer an earlier will that I found. I had filed this away thinking it would not be needed and it has hole punch marks on the left hand edge (these do not damage the text in any way). The Probate Office has asked whether the will was in this condition when I found it. Will the hole punch marks have an affect on whether they accept the earlier will?

[Barmaid]

Yes. The reason for this is that they will want to know if there were any other documents attached such as a codicil.

Out of interest, why was probate refused to the later will?

[gilesi]

It wasn't witnessed properly. As far as I can tell that isn't the case with the earlier will.

[Valmave]

Regrettably he has not left a valid will. I expect you will have to apply for letters of administration.

[Buenchico]

>>>Regrettably he has not left a valid will

Yes he has (or so it seems from what Gilesi has written). A will remains valid until it is revoked, either by physical destruction (by the testator) or in writing. Gilesi's father obviously intended to revoke the earlier will by including a relevant clause in the later document but, since the later document was not properly witnessed, the revocation does not take effect. Therefore the earlier will remains valid.

[tonywiltshire]

BC is quite correct if the latest will is declared invalid by the court refusing a grant of probate as it does not comply with the Wills act 1837 and there is a valid will which is confirmed by the court issuing a grant of probate the terms of that will are to be used.