English Probate Law

[oldmancap]

Is it true that when witnessing a "Will" in England the wintesses must both sign infront of the the person whoes "Will" it is. They must then see this person sign his "Will". The witnesses cannot sign at different times and if they did a court would have no discretion to make this "Will" invalid?

[dzug]

You are correct.

Though whether it would ever get to court is another matter - unless someone snitches who is going to know?

[Barmaid]

I am being a bit pedantic here, but yes, the witnesses must both sign in the presence of the testator. But YES they can sign at different times. And the order is slightly wrong.

First requirement is that the signature of the testator (or the signature of someone else, in the presence of and at the direction of the testator) is made or acknowledged in the presence of the two witnesses present at the same time. Each witness then "attests and signs" the will OR acknowedges his signature in the presence of the testator but not necessarily the other witness.

Here is an example. Fred signs his will in front of Bert and Geoff. Geoff then attests and signs the will in the presence of both. An hour later Geoff and Fred leave the room and Bert signs the Will alone. Fred returns and Bert points to his signature on the Will and says "See Fred, I have signed your will, that is my signature". Will is completely valid.

And funnier things have happened. I recall a case where just after the little old lady died, one of the witnesses phoned the solicitor and said "is everything alright Mr Smith? Cos I signed Mabel's Will and I knew it was her signature, but she wasn't there, her gardener brought it up to the house"!!!!! Will was declared invalid.

[fredpuli47]

Yes,it is as you say . And where the witnesses sign there should be some declaration that they sign in the presence of each other,too..

There have been many cases where a will has been challenged on the grounds that it was not witnessed correctly. For example,there have been many arguments about what ' being present' meant e.g if one witness is the other side of the curtain screen of the testator's hospital bed, at any relevant time around the signing. After all, a witness cannot be a beneficiary (nor can their spouse), there's literally 'nothing in it for them', so he or she may well tell all when quizzed by investigators for a disappointed person who's been left out of the will.

[fredpuli47]

P.S : Barmaid, how did you know what happened when I signed my will ? Honestly, these lawyers, they know everything !