Intestacy

[tearinghair]

If a will is ruled invalid through a technicality, how is the estate divided?

[dzug2]

The simplest answer is it's divided between surviving relatives in a pecking order starting with the widow/er

If there are no sufficiently close relatives it goes to the state.

A full answer would run to several pages.

[dzug2]

For more detail try this

http://www.theguardian.com/money/2014/sep/20/wills-inheritance-changes-intestacy-rules

[Peter Pedant]

er I have a shorter answer - it falls back to the previous will, which has not now been revoked by the now invalid will

( and so on down the line until there are no ( invalid ) wills and the intestacy rules then apply )

almost happened in the fambly a few weeks ago when someone held up a will of 1981 and I said hold it - not the most modern. He executed one in the nineties ( easy I was a witness ) which took precedent as there was a clause revoking previous wills

sorry tearing hair - presumably you are tearing hair over this
which is true and unfortunate - the testator has made his wishes clear and the moolah is going somewhere else....
[ and all for a 17/6 do-it-yourself will form ] unless of course a remarriage intervened.

These threads are full of after-the-event advice of Make a will !

If you go back thro this thread Chris BC has repeatedly given the URL for the modern intestacy rules which changed a little Oct 2014. - [widow gets first £250k]

[tearinghair]

Thanks. I'm being premature here, just trying to get things straight for the future. Spouse made will several years ago, but one of the witnesses printed his name instead of signing it normally. I'm assuming that this might make it invalid? Spouse thinks it's OK and doesn't want to redo it.

[dzug2]

.. but one of the witnesses printed his name instead of signing it normally. I'm assuming that this might make it invalid? ..

It's - probably - OK.

But it could save an expensive dispute to redo the will, which might well need revising anyway

[tearinghair]

Thanks dzug2, that's what I thought. There would be no changes to the will, which is a very simple one, but I wouldn't want to have to go down the expensive route to sort it out as there's not a huge amount involved anyway. I'll have to pick my moment and try to be persuasive to get it re-written. As I said, it's all a bit premature, but as we approach our golden wedding in a few months' time I thought it would be sensible to have things clear.

[Peter Pedant]

signing a will is covered by s9 wills act 1837

Signing and attestation of wills

No will shall be valid unless—
(a)it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and

(b)it appears that the testator intended by his signature to give effect to the will; and

(c)the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and

(d)each witness either—

(i)attests and signs the will; or

(ii)acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),

but no form of attestation shall be necessary.]


here: http://www.inbrief.co.uk/estate-law/formalities-making-a-will-s9-wills-act.htm
it says:
After attesting to and witnessing the signing of the will, the witnesses must attest the will by signing and acknowledging his signature in the presence of the testator.

which I as a retired civil service pen pusher ( NOT a wills lawyer - but hey Barmaid is and she may be along in a mo ) would re execute the will.


I had a bit of a poxy colleague and when he said: "I want everyone to know I have never witnessed or attested any document - far too dangerous", I threw my will he had attested ( but clearly forgotten ) into a fire and re executed it. The last thing I wanted him saying pointing at my will was: " yes that is my signature but I have NO idea what it is doing on a will "

[ToraToraTora]

here's the flow chart: https://www.nicheadvice.co.uk/uk-intestacy-rules-flow-chart-2015/

[tearinghair]

Thanks for the advice, everyone. The estate is unlikely to be much over the £250,000 so it wouldn't be a major loss (two adult children), but I imagine it would take some time for probate which might be a problem. I think I'll try the softly softly approach and try to pick a good moment to suggest re-making it.