Will Advice Please

[jaynethepain]

Uncle B has died leaving a large detached house. We have had sight of the will which is a handwritten WH Smith type document in Uncle S's handwriting. Uncle S is Uncle B's brother. It has been witnessed. However Uncle S is the beneficiary of the house & his two children each receive a cash amount each. Anything left is shared between 2 other sisters of Uncle B and my husband as his father has died. Is this legal? Sounds a bit dodgy, what's the opinion?

[themas]

Witnesses cannot be beneficiaries. There must be two witnesses who must be present and see the testator sign his will and who must each sign in the presence of one another. In other words, all three people must be in the room at the same time, & all three signatures must be made while they are there.

[Barmaid]

Doesnt matter if will is not dated. Does matter if there is only one witness (if this is an english or welsh case) because then it is invalid. If the Will is not signed it is invalid. if the will is signed but not by the testator it will need to recite that it was signed by someone else in the testator's presence and at his direction in the presence of 2 witnesses. If the Will purports to be signed by the testator but you think it is a forgery you are getting into really deep water.

Seek specialist independent advice asap.

[Obiter]

Interesting barmaid. It is some years now since my legal studies, but if the will is not dated, what happens when two wills turn up?

[EDDIE51]

orbiter ^^ that is when the lawyers really start to make money If there are 2 or more wills a court has to decide which is valid. This case is complicated as it is jaynethepain needs to get a solicitor involved urgently.

[Barmaid]

Well hopefully they will be dated. But if they are not it doesnt make them invalid. Then it gets REALLY complicated and all sorts of stuff would need to be established and in particular if either one contained a revocation clause.

[Obiter]

When I did the Diploma in Legal Practice course nearly 20 years ago (formerly called Final Articles), we had to draft a series of wills based on a set of given instructions. If clause 1 was not a revocation clause then you immediatley failed, no matter how good the rest of the content.