Last will & testament

[craghopper]

I wish to write a last will & testament tonigh, that will be uncontestable, will a not suffice, or will it need to be witnessed 7 or drawn up to be watertight.?.

[humpy07]

Sorry to pry, but why do you need to do one tonight? Could this not wait until the morning when you could speak to a solicitor / will writer?

[craft1948]

why tonight......why not make an appointment with a solicitor?

[joggerjayne]

Maybe craghopper is feeling a bit peaky !

[jno]

Do you have someone who might contest it? If so, the tighter you can write it, the better; signatures of witnesses who can attest it was indeed you who signed it are useful (could someone else forge your signature?)

I think there was a dying soldier who scrawled 'All to mum' on a piece of paper and this was deemed legally sufficient. But I don't suppose anyone was contesting that one.

[joggerjayne]

jno ...

There are exemptions that apply only to members of the armed forces in the field of combat.

[jno]

ah, right, I was forgetting. I imagine craghopper isn't actually in Afghanistan.

[joggerjayne]

Yes, hopefully not logged in from his Blackberry, somewhere on the front lines, jno !!

[dzug]

It has to be witnessed by two witnesses both present at the same time to be valid. A witness cannot be a beneficiary (well they can, but they'd lose their bequest)

For it to be uncontestable it needs to be drawn up by a professional who knows all the circumstances and reasons behind it. Even then it's not cast iron.

[fredpuli47]

No,jno 'all to mum' was contested.The man called his wife 'mum', she being the mother of his children, and his mother was also his 'mum', so the ladies argued about which one was meant ! ( I thought it was an ordinary will duly executed but if it
was a 'soldier's will' one made on active service, traditionally in the soldier's paybook. and, exceptionally therefore, not subject to the usual formalities it would have been contested just the same because of the ambiguity).
A solicitor would not have made that mistake.
You can buy a will form, with instructions, at places like W H Smith or,of course, a law stationer's but going to a solicitor is safest.There are traps for the unwary in doing it yourself .

[fredpuli47]

And, dzug, the spouse of a witness can't be a beneficiary either nor,presumably, can his or her 'civil partner' .

[tamborine]

If you dont want a Will contested give copies to beneficiaries before your demise. You will need two independant witnesses....preferably not beneficiaries.

[joggerjayne]

"preferably" not beneficiaries ...

In the sense that, if a witness IS a beneficiary, it invalidates his legacy !!

[tamborine]

if a witness is a beneficiary it's grounds for contest as to 'undue influence' and makes things more complicated & expensive before probate.

[dzug]

<if a witness is a beneficiary it's grounds for contest as to 'undue influence' and makes things more complicated & expensive before probate>

Given that the witnesses do not normally see the will - they are only required to witness the act of signature - it's difficult to see where 'undue influence' could arise.