Click On These Words To Go To  The Links - Other Pages On This Website...... Please Click Here To Email Me To Go To Our "Protective Property Trusts" Page, Please Click Here... For Details About "Legal Requirements" When Preparing Your Will, Please Cilck Here... How Do I Leave "Gifts?" - Answer is on this page - If Not... Please Contact Me! Please Click Here To Return To Home Page What are "Tenants in Common" or "Joint Tenants?" ~ How do they affect my Will? ~ Click Here to find out... "Thermally Bound Documents" - Learn More..... For Details About "My Funeral Wishes" When Preparing Your Will, Please Cilck Here... Do I Need A Solicitor? - I hear You Ask! Maybe, but in most cases no! (Look at the money you would have spent, for no good purpose!) What Do I Need To Know About "Witnesses" To My Signature On My Will? - Click Here To Find Out... What is "Probate?" ~ Is It Important? " Check it out here....... Click Here To Go To Our "Pay Zone" via PayPal Secure Service Please Click Here To Recommend Me To Your Family/Colleagues/Friends! (Thank-you!) 'Our Online Form ' Your Will Details ~ The perfect solution to "Peace-Of-Mind". prepared swiftly.... Instructions, Suggestions & "Printer-Friendly" Checklist - for my "Online Will Submission Form"  Please Click Here... For Our "Face-to-Face" Meetings Details, Please Click Here... Your Feedback/Questions Will Be Valued Immensely, - And A Reply Will Be Fast! Intestacy - Our Biggest Nightmare - Click Here For More,,, I hear you ask, "What is revocation?" - Your answer is here! It is SO IMPORTANT to remove any previous claims on your estate! Click here for more... What is an "Executor?" - I will tell you (briefly) ~ If you need more, please contact me! ~ Prof. G. Middleton What Is This? ~ "Guardians" - explained by Professor Graham Middleton

 
 


WitnessProfessor Graham Middleton - Honourary Life Member - The Master Guild Of Will WritersWitness

YOUR WITNESSES ARE VERY IMPORTANT

Quite often, the question as to who should witness the signing of a will is treated as an afterthought (after making a Will), but when a will is contested, the ability to hear the evidence of the witnesses can be crucial.
A recent case where this was in point involved a daughter who believed her mother had died intestate after revoking a will she had made in 1994. When her mother died, in 2004, she applied for letters of administration over the estate.
Shortly afterwards, her mother’s French Canadian niece filed, in Canada, what she claimed was the deceased woman’s will. That will left the entire estate to the niece and was said to have been written when the niece visited her aunt in 2000. It was claimed that the will had been posted to the niece after her return to Canada.
She claimed that she was not present when the will was created. The earlier will had made a number of bequests and the woman was close to her daughter, especially in her latter years, which made the contents of the ‘new will’ all the more surprising.
The woman’s family doubted the authenticity of the later will. Firstly, it was typewritten and no one recalled her having a typewriter. Secondly, there was some doubt as to whether the will was written by someone whose native language was English. Against this, the court did accept that the signature on the will was that of the deceased. The key issue, however, was that the daughter could not recognise the names of the witnesses to the will.
As the mother never left her flat unaided, the presence of the signatures of unknown persons was strange to say the least. The absence of any evidence from them, regarding the circumstances surrounding their witnessing of the will, led the court to the conclusion that the niece had been involved in the preparation of the will, which was not validly executed.
“Had the niece been able to produce the witnesses and their account supported hers, the outcome might well have been different. If you think your will might be challenged, the evidence of the witnesses to it could well be significant. We can advise you on how to ensure that the chances of a successful challenge to your will are minimised.”

For further details, please contact me.

 
 
TOP OF PAGE Click Here For Top Of Page

Copyright 2005-17© ~
Perfect Wills ~ All Rights Reserved