Probate and Will 'problem'

[pjhawes]

My Grandfather died in November, my Dad is his Executor and has already applied for Probate. My Dad got the Will checked by a Solicitor to make sure it was valid, the Solicitor confirmed it appeared to be valid even though it was a 'home made'. The Will referred to my Mum as a beneficiary, she was stated as 'Daughter' in the Will although technically she is his unadopted step-daughter, however the Solicitor didn't think this would cause an issue because she is specifically mentioned by name and address.

Anyway, the Probate Registry have written to my Dad and asked him to contact one of the Witnesses as there is 'a problem with the Will'

We are wondering what this could mean? The witnesses were independent who do not stand to benefit and the fact the Solicitor cast his eye over it makes us wonder what the 'problem' could be.

Presumably if they decided it was invalid for any reason they would come right out and say so, so does anyone have any ideas as to what the problem might be?

Many thanks in advance!

PH

[Buenchico]

The only thing that witnesses do is to confirm that they saw the testator sign the will. They do not have to see the contents of the document (or even to know that it's a will).

So, as far as I see it, the problem must relate solely to the witnessing of your grandfather's signature. For example, if your grandfather's will is dated (say) "23rd June 1997" (and apparently signed by him on that date) and a witness has added the date "24th June 1997" after his own signature, it would suggest that the witness was not actually present when your grandfather signed the will. That would lead to the Probate Registry initiating enquiries to try to ascertain whether the witness simply got the date wrong (which would probably not prevent probate being granted) or whether your grandfather presented the witness with a pre-signed document (which would invalidate the will).

Chris

[pjhawes]

Thanks for the reply Chris. I have looked at the Will again and where the witnesses have signed and stated their addresses there is no date entered, although there was nowhere on the home made form to add one! The witness that has been contacted fortunately recalls the signing and remembers it all being done properly. The only date on the will is the one at the very top when the wills starts "I, John Smith' on this day, xxx'

There is an attestation clause at the bottom stating 'present at the same time' but just no date so sounds as though this could be the issue.

Just wish the letter from the Probate Registry was more specific about what the problem is so we weren't worrying!

Cheers,

Phil

[dzug2]

I suspect the Probate Office don't want to spoon feed a false but convenient answer.

[woofgang]

why don't you ask them what the problem is?

[pond50]

my sister made a 'home made will' and was void because the witnesse put their addresses on it

[Buenchico]

Pond50:
There must have been something else wrong with your sister's will. I used to draft wills for a living; the presence of a witnesses address does not invalidate a will. (My own will shows the addresses of both witnesses).

Chris

[pond50]

it was a form she bought in w h smiths