Quizzes & Puzzles33 mins ago
Wills
I have produced a will that has the main contents on one page and the witness signatures on a separate page. (there wasn't enough room on page 1). Is this legal?
Answers
Best Answer
No best answer has yet been selected by curtis21. Once a best answer has been selected, it will be shown here.
For more on marking an answer as the "Best Answer", please visit our FAQ.Arguable. It used to be the case that at the time of execution, the sheets must be attached in some way. That rule was relaxed to allow that holding the sheets together with finger and thumb was sufficient annexation. I have found a case where a second sheet contained only the attestation clause and signatures and the sheets were not attached in any way and probate was refused even though the first page was signed by the testator. It will depend on the precise facts though.
Personally, I wouldn't risk it. I say this for two reasons. Firstly, if your signature is on the last page only, there is nothing to stop someone replacing the first page with a forgery. Secondly and most importantly, it is likely to be challenged, if not by your family, but by the Probate Registry who can and do question wills. In order to prove validity, your witnesses will need to provide a statement. In 20 or 30 years time they may be dead, untraceable or unable to remember whether both pages were together. All this will not be without cost.
I'd take dzug's advice and redo it.
Personally, I wouldn't risk it. I say this for two reasons. Firstly, if your signature is on the last page only, there is nothing to stop someone replacing the first page with a forgery. Secondly and most importantly, it is likely to be challenged, if not by your family, but by the Probate Registry who can and do question wills. In order to prove validity, your witnesses will need to provide a statement. In 20 or 30 years time they may be dead, untraceable or unable to remember whether both pages were together. All this will not be without cost.
I'd take dzug's advice and redo it.