Witness's Details on a Will

[gentleman]

Can anyone tell me whether a Will is legal for the Executor to apply for Probate and Adminitration for approval at the court of law for executing and administrating the Will if the Witness's has printed and signed their name for the Testator but did not completed their address

[Barmaid]

Completely legal. All that is required by s9 of the Wills Act 1837 is that two or more witnesses attest and sign the signature of the testator (or his acknowledgement) in the presence of the testator. Whilst it is quite normal for them to add their address it is entirely unnecessary.

[gentleman]

Thanks Barmaid.
I do not mean to be facetious, but unless contested, a Will can be falsified for its representation for Grant of Probate and Adminitration.
But as you quoted the Wills Act 1837, I guess there is no recourse to a Will's legality unless challenged in the Court of Law for whatever reason.

[Barmaid]

If you are unsure about the will's validity, you can ask for an affidavit of due execution from the witnesses. However, there is a presumption that a will which on the face of it appears to be valid IS valid, unless it is irrational.

If you have real concerns, you may like to seek the advice of a handwriting expert.

I agree with you about the concerns regarding forgery - I have been working tirelessly through an organisation I helped found in 1998 to regulate this industry. I see wills and probate as open to more abuse than any other area. Given what the probate industry is worth on an annual basis, it staggers me that it is still so open to abuse.

[gentleman]

Barmaid. You are absolutely correct 100%. Fraud and abuse to Will's preparation to granting Probate and Administration seems an area lacking vigilant.

In Malaysia, the Act for Probate and Administration and Will preparation originates in line with British Law save for minor cultural differences not affecting the basis of the Act.

But can I ask you of your experience in this case. A Will applied for Probate and administered by the Executor for distribution of the Decease�s assets. Named people bequeathed is not informed due to the fact at some later time, if the Named people does not come forward or not informed or the Executor fail to locate the Named people, the Assets is reversed to the Executor and her family. But the Executor failed to tell the truth of the Named people�s location but instead say that she did not know the location to the Named people. What is the Executor�s liability if sued for withholding Assets for her own gain? Proven her ignorance to the fact all evidence is and has been made available to her over the years through communications.

At the moment in my opinion the Will was prepared just before the death of the benefactor who was very ill and incapable. A challenge to the Will at the moment would be very hard to prove unless Medical Records are made available at a hearing.