Jobs & Education1 min ago
Will
looking at the post re wills.
I made my own will last year and made my friend's son Executor. The will lay with my friend for quite some time and never was signed by anybody. The will is still in friend's house but my lovely friend has now died so I don't know what to do.
I haven't seen her husband since the funeral but through a couple of emails just chit chatting I know he is in a bit of a state over her death hence I can't get the nerve to talk about my will.
Also whilst I have some friends there is none of them I want to be either Executor or witness so I don't know what next to do. Anybody help.
I made my own will last year and made my friend's son Executor. The will lay with my friend for quite some time and never was signed by anybody. The will is still in friend's house but my lovely friend has now died so I don't know what to do.
I haven't seen her husband since the funeral but through a couple of emails just chit chatting I know he is in a bit of a state over her death hence I can't get the nerve to talk about my will.
Also whilst I have some friends there is none of them I want to be either Executor or witness so I don't know what next to do. Anybody help.
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Hello jenny. Your will as it stands is nothing more than a piece of paper. Without two witnesses it is not a legal document. I suggest you go see a solicitor or use a will writing service to make a new will. Witnesses to the will do not have to read your will or know anything that is in it, just witness your signature. Although this costs more money, perhaps the best solution for you is to get the Solicitor to be the Executor?
Any two adults can witness your signature. (I've deliberately typed "witness you signature", rather than "witness your will", because the people who act as witnesses don't even need to know that the document is your will. They're simply witnessing that they've seen you sign the document; they don't have to know anything at all about the contents of that document). My own will was witnessed, in a Tesco car park, by a couple of people I happened to be working with that day.
An obvious choice for executor of your will would be one of the beneficiaries. (While it's common practice to name two executors it's not actually necessary; you can name just one if you prefer). Obviously that's not going to help if all of the beneficiaries are minors but it might be worth considering otherwise.
An obvious choice for executor of your will would be one of the beneficiaries. (While it's common practice to name two executors it's not actually necessary; you can name just one if you prefer). Obviously that's not going to help if all of the beneficiaries are minors but it might be worth considering otherwise.
no forget the son LOL - friend mentioned this to me but I know rightly he would not have been in agreement.
Right - I do need help here
1. I think I now know a very quiet guy who would be Executor -
2. Think 2 neighbours will be witnesses
3. Do they all need to be together to do this ie - sign.
4. And when do I sign. The signatures are all I need to make this will complete. Thanks for your help
Right - I do need help here
1. I think I now know a very quiet guy who would be Executor -
2. Think 2 neighbours will be witnesses
3. Do they all need to be together to do this ie - sign.
4. And when do I sign. The signatures are all I need to make this will complete. Thanks for your help
Chris - our posts clashed and I have become a bit nervy about this LOL
My first beneficiary could be the Executor but I don't want him or any of the beneficiaries to know about this. So can he be an Executor without his signature
So it is just the witnesses (my neighbours) and my signature.
One of you said witnesses don't even need to know where the will is - but surely they do so that when my time comes - the will be acted upon.
My first beneficiary could be the Executor but I don't want him or any of the beneficiaries to know about this. So can he be an Executor without his signature
So it is just the witnesses (my neighbours) and my signature.
One of you said witnesses don't even need to know where the will is - but surely they do so that when my time comes - the will be acted upon.
As has been said, the executors don't have to sign your will. Indeed, they don't even need to know that you've appointed them as executors until after your death. (It might well be advisable to let them know but it's not obligatory).
The witnesses MUST actually see you SIGN the will. (If you sign it and then take it round to your neighbours, their signatures as witnesses won't be valid - meaning that your will won't be valid - because they didn't actually see you sign). The standard wording used in most wills (immediately above the signatures of the witnesses) is as follows:
"Signed by Jennifer Joan Bloggs in our presence and then by us in hers"
The witnesses MUST actually see you SIGN the will. (If you sign it and then take it round to your neighbours, their signatures as witnesses won't be valid - meaning that your will won't be valid - because they didn't actually see you sign). The standard wording used in most wills (immediately above the signatures of the witnesses) is as follows:
"Signed by Jennifer Joan Bloggs in our presence and then by us in hers"
Crossed posts again.
The witnesses don't even know that the document they saw you sign was your will, yet alone where you'll be keeping it.
As I wrote above, the two people who witnessed my own will were just a married couple that I happened to be working with on one particular day several years ago. I've never seen them since, although I do know that at least one of them has since passed away. (That doesn't invalidate their signature).
Obviously it makes sense that somebody should find your will after you've died, so many people would choose to tell the executor(s) of their will where they've put the document. However, as long as somebody will find it [and then pass it on to the executor(s)] it's not essential.
I've not yet told the two executors of my will (who are also the main beneficiaries of it) where I keep it but it's on the very top of the contents of the drawer where I keep my important documents (such as my passport, etc) in an envelope with 'WILL' written in massive letters, so it would be hard to miss by anyone clearing the contents of my house.
The witnesses don't even know that the document they saw you sign was your will, yet alone where you'll be keeping it.
As I wrote above, the two people who witnessed my own will were just a married couple that I happened to be working with on one particular day several years ago. I've never seen them since, although I do know that at least one of them has since passed away. (That doesn't invalidate their signature).
Obviously it makes sense that somebody should find your will after you've died, so many people would choose to tell the executor(s) of their will where they've put the document. However, as long as somebody will find it [and then pass it on to the executor(s)] it's not essential.
I've not yet told the two executors of my will (who are also the main beneficiaries of it) where I keep it but it's on the very top of the contents of the drawer where I keep my important documents (such as my passport, etc) in an envelope with 'WILL' written in massive letters, so it would be hard to miss by anyone clearing the contents of my house.
>>> Chris, out of interest, what then happens if they refuse ?
An executor can 'renounce' simply by filling in a form. If the will named another executor they then act alone unless the will also named a reserve executor (who could step in if one of the original executors wasn't able, or was unwilling, to act).
Where there are no valid executors (either because they've renounced or simply because they've passed away) the Court of Probate can appoint someone to act as executor.
An executor can 'renounce' simply by filling in a form. If the will named another executor they then act alone unless the will also named a reserve executor (who could step in if one of the original executors wasn't able, or was unwilling, to act).
Where there are no valid executors (either because they've renounced or simply because they've passed away) the Court of Probate can appoint someone to act as executor.
I do understand Tilly and Rowan but the Will once it is signed by neighbours and myself will make the Will complete.
My sister obviously is the one and only who will be getting the heap but I was concerned that without a Will from me at least,that things could go awry. She is a good bit older than me and it is just her and I left and she literally hasn't a clue re Solicitors so I am trying to do the best thing for her and I - whoever goes first. Hope that makes sense.
My sister obviously is the one and only who will be getting the heap but I was concerned that without a Will from me at least,that things could go awry. She is a good bit older than me and it is just her and I left and she literally hasn't a clue re Solicitors so I am trying to do the best thing for her and I - whoever goes first. Hope that makes sense.
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