I Have Found An Amendment To My Aunts After I Have Applied For Probate. Not Sure On Procedures And What To Do. Please Help

[Princess891326]

Can you please help with procedures to amendments of a will I have already applied for probate for n started acting for. Never done this before. Thankyou

[Tilly2]

Is it a codicil? Does it make a difference to the beneficiaries?

Ring the Probate Office and tell them that there is another document.

Keep a copy.

[Princess891326]

Yes it affects 2 beneficiaries. It has been witnessed by the 2 that witnessed the will signing. Thankyou I will call the probate office

[woofgang]

It must be witnessed in the same way as a will to be valid
https://www.gov.uk/make-will/updating-your-will

[woofgang]

you say witnessed by the 2. Are they beneficiaries?

[Tilly2]

My dad's Will had a codicil but it was kept with the original Will. I didn't have a problem with Probate but it's a bit of a long winded affair. Good luck, Princess.

[Togo]

Hmm could get messy Princess. If there are "other" beneficiaries to the will that are in any was disenfranchised by the amendment, they may want to contest it. I would think that your first duty would be to formally relate the later amendment to the will to all "interested" parties.

[Togo]

Just another question Princess. Were you nominated as executor of your Aunt's will by your late Aunt?

[Tilly2]

Beneficiaries are not allowed to sign the Will or the codicil. It has to be two independent people.

[Togo]

It may be worth you reading through this Princess. Below is a paragraph from the site.

//Therefore, when all UK Wills are signed, there must be two witnesses present who must be over 18 years old. For the Will to be valid, these two witnesses must not be potential beneficiaries of the Will, spouses of beneficiaries, or members of your own family.//

http://www.thewillsite.co.uk/who-can-witness-a-will.php

[woofgang]

the .gov stuff says NOTHING about witnesses not being family members. Witnesses or their spouses or partners can't benefit from a will but it seems that relatives who do not benefit can witness. There is a lot of gumph online....one of the legal websites says that the witnesses should be people who you can trust and who know you well....my will was witnessed by two staff members at the solicitors where it was drawn up.

[Tilly2]

The same here, Woof. Dad's Will and codicil too. All signed by staff in the solicitors' office.

[Barmaid]

Chapter and verse.

ANYONE can witness a Will. s15 Wills Act 1837 states that gifts to attesting witnesses or their spouses/civil partners are void.

Princess is doing the right thing in contacting the Probate Registry

Togo, no need for Princess to contact relatives - the way forwards is simply to have the Oath for Probate amended to take account of the Codicil.

[Peter Pedant]

thank you Barmaid
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I adore you