Witness To A Will

silliemillie | 19:14 Sat 22nd Apr 2017 | Law

11 Answers

I've just had a thought about my will.

The two people who witnessed where neighbours of mine, neither of which live here now and I am no longer in contact with them.

So what happens when I pop my clogs? Do they need to be contacted? And if so by whom? What if they can't find them?

I'm worried now.

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Tilly2

No. Don't worry. Their task is done.

Hymie

Adding to what Tilly2 says – if they were both to have died before you, that would be nothing to worry about.

That said - I would advise against having octogenarians (and older persons) witnessing a Will, which could lead to questions re their suitability being asked.

New Judge

The task is not onerous and "suitability" is not normally an issue.

All the witnesses are doing is signing to say they saw the testator sign the will in their presence. The only stipulations are that they must be over 18, of sound mind, not a beneficiary under the will, not a spouse of the testator and not blind. They must be present together with the testator when the will is signed. Presenting them with an already signed will would render it invalid.

Hymie

NJ – as you say, they must be of sound mind. My rationale for advising against having very old persons witnessing a Will is that the Will could be contested based on the persons not being of sound mind; otherwise why have an age limit for jurors.

silliemillie

Question Author

Thanks for your replies, feel better now, didn't want to leave any problems for my kids to sort out.

Barmaid

Stop worrying. The only reason the witnesses would really be of any consequence is if someone alleged that the Will had not been executed properly. And then the presumption of due execution is relied upon. Unless there is cogent and strong evidence to support the fact that the Will was not executed correctly, there are public policy reasons why the presumption applies. If you really want to know more (and you have a problem with insomnia) try reading Sherrington v Sherrington from 2005.

silliemillie

Question Author

Thank you Barmaid.

Peter Pedant

agree with Tilly
it all goes ahead without the witnesses who in fact have no duties

the only time the witnesses are called on is when s/o alleges the will is forged - or an attestation dispute - vv rare

happened with Shipman - the true heiress to Kathleen Grundy's estate contacted one witness who admitted he had signed a blank sheet of paper. The second witness kept quiet

another case involved a nurse testifying she had hared down a corridor and said to a consultant - you have forgotten to sign this
oo-er invalid will .....