last Willand Testament----validity

[Dingerbell4]

When you make a Will. If one (or both) of the two witnesses die before the maker of the will __does this make the will invalid and then need to be done again with new witnesses??

[Grunty]

The will is still valid after the death of one or both witnesses. If the executor dies, you should make a new will.

[dzug]

Even if the executor dies the will is still valid. Next of kin have to apply for Letters of Administration (will attached) rather than the executor applying for probate, so you don't have to panic too much.

[Grunty]

I agree that the will is still valid after the executor dies, but it is much simpler and cheaper to make a new will in those circumstances. That was my reason for saying 'should' rather than 'must'.

[Nether Edge]

I agree with Grunty- but did you know that Will becomes invalid if you marry (unless it's explicitly made in contemplation of marriage)? In such cases, newly-married testator would have to make new will

[Giggsie]

hi nether edge is it only in scotland a will becomes invalid if person who made will remarries I thought it was only scottish law but not in england.

[Barmaid]

futritcat, it applies in england for definite. s18 Wills Act 1837 provides that a will is automatically revoked upon marriage, unless the will was made in contemplation of marriage to that person and there is no contrary intention in the will.

On divorce, there is a similar, provision. On divorce a spouse is treated as if any appointment of executor is omitted and any gift lapses (ie is treated as if they had predeceased the testator), but the will itself remains valid.