Unsined And Unwitnessed Will

[pinkerton]

A friend of the family died recently, but his will had not been signed or officially witnessed. The will contained some bequests to non family, and the balance of his estate, to a cousin, his nearest living relative. What is the legal position in this situation?

[pinkerton]

Sorry, that should be 'Unsigned'

[sandyRoe]

If it's unsigned it's not valid.

[ubasses]

An unsigned Will is invalid, if there is an earlier Will that will stand or if none the laws of intestacy will prevail.
There are some Legal people on this site who may know of any circumstances where it can be used.

[woofgang]

what do you mean by "not officially witnessed" Its not actually the will that is witnessed but the signature of the testator so if there is no signature then the will cannot be witnessed. No properly witnessed signature = no will.

[Buenchico]

The content of the unsigned will can only have effect if everyone involved is in agreement and a Deed of Variation is obtained.

See here:
http://www.hegarty.co.uk/site/news_events/hegarty_news/unsigned_will

[woofgang]

just to point out from Buenchicos's link that the "everyone involved" that he mentions is everyone involved who would inherit under the laws of intestacy, not everyone mentioned in the unsigned will. The unanimous deed of variation mentioned can be used to make any changes that all the inheritors agree on, not just those intended ti reflect the wishes of an incomplete will.

[tonywiltshire]

If the will is unsigned or witnessed it is invalid and the laws of Intestacy will probably be used. Robert Holmes a Court carried a draft will around for a lengthy period before his death but never signed it and left an estate valued at over £330 million, it has been estimated that one third of the adult population have not made their wills for a variety of reasons.

[jno]

I could make up a will in my neighbour's name leaving everything to me, slip it under his bed and wait for him to die. Fortunately for his heirs, if it wasn't signed by him, and his signature witnessed by others, it would be valueless.

[Peter Pedant]

It aint a will

so you go back to the last one - singed etc

and then back to the rules for intestacy.

The lucky winners may pay attention to the expressed intentions of the dead man but they usually dont on the grounds that if he really wanted his intentions to be obeyed he would have signed and had the will properly witnessed but didnt.

and you cant really blame them

The great TW says 1/3 of the adult population havent made a will
I think it is more like 2/3

You have been warned; I have made a will to prevent my grasping relatives ('I have worked hard for this') are quite capable of putting my partner out ont he street as they have done it before.
Oddly enought not making a will seems to be a positive action for some

[Peter Pedant]

Ah but in War and Peace if you recollect
the unsigned will of Pierre Bezuhov's benefactor is legal for Russia 1810.

[tonywiltshire]

(PP) I understand the number of people over 55 who have not made a will is 36%, but your figure may well be more accurate.
I am not one of the many people who have read the great work of Leo Tolstoy War & Peace my limited understanding was that Bezuhov inherited from his Father.
Everyone should make a will.

[boxtops]

...and not only make it, but revisit it from time to time, to make sure it's still up to date with current wishes.

[Trurider]

The Will is invalid and cannot be used. Their last will would stand. If they have no prior will then then an application would have to be made to appoint an Executor. The property will then be divided between any living wife and the persons children. If none exist then it goes back to their parents tehn to theirh siblings.

[Peter Pedant]

TW - my figures are from the Bennett girl who does the voice-over for Heir Hunters so they may be ..... inflated

[paddywak]

And if they can't find any relatives the Government eventually get their grubby hands on it.That's why Trish and I have both made wills they've already had enough of our money.