Will Advice

[Alan Shearer The 2nd]

I feel this is the wrong forum for it...but are there any legal eagles here?

Long story short, dad died in December, his will is 15 years old and well out of date at that in regards to executors, i.e not me when it should be.

I'm not sure if the final page is likely to throw up legal issues in regards to its validity though. Can't seem to post the image in landscape for some reason-

https://i.postimg.cc/C17Qd6fq/IMG-3460.jpg (https://postimg.cc/zbLjc77z)

Only my gran signed this as a witness. Obviously there is another space for a second witness and the paragraph wording implies more than one witness to me. Anyone have an idea how much of an issue that could be for the will to be considered 'valid'?

[Luke Emia]

I’m not a legal person but have a bit of legal understanding from the financial advice side of things. I believe it has to be 2 people as a minimum. Also has got married or anything in those 15 years? As that makes it invalid anyway.

[Sir Andy Mahowry]

Sorry about your Dad.

It wont be valid. They'll either go to a previous will that is valid or you and any other potential beneficiaries are going to have to get solicitors involved.

[Manc]

Echo Luke's comments. You're missing a second witness. Feel free to PM with any other queries (I worked in bereavement for several years).

[Alan Shearer The 2nd]

I’m not a legal person but have a bit of legal understanding from the financial advice side of things. I believe it has to be 2 people as a minimum. Also has got married or anything in those 15 years? As that makes it invalid anyway.

Firstly, cheers for the responses.

No, my mum was listed as the main executor but my understanding is the divorce from my dad renders her role as that redundant. The will would read as it stands i.e. both my Uncles as executors, assuming it was valid.

I know there are differences in Scots Law and it looks like it might be the case here. Have a look here-

A valid Will, if executed on or after 1st August 1995, must conform to the Requirements of Writing (Scotland) Act 1995. The Act requires the document to be self proving, that is a written document, subscribed by the testator, signed on each separate page and witnessed on the last page by one identified person who is over 16 years old and has no mental impairment.

https://www.bereavementadvice.org/topics/planning-ahead/wills-in-scotland/#:~:text=A%20valid%20Will%2C%20if%20executed,Writi ng%20(Scotland)%20Act%201995.&text=However%2C%20a%20valid%20Will%20does,had%20ca pacity%20and%20testamentary%20intention.

Assuming that is accurate, the wording in the will still implies 2 witnesses. Whether that matters or not I don't know.

[Manc]

Didn't realise the estate was based in Scotland. Tell your uncles to crack on.

https://www.drummondmiller.co.uk/news/2017/04/how-divorce-will-affect-your-will/

[Alan Shearer The 2nd]

Ok cheers. The trouble is they really shouldn't be on it, it's that out of date. Makes everything even more of a ballache than it would be if I could do everything on my own.

My dad's brother spoke with the bank and was going to send them a letter of renunciation in regards to him being an executor anyway. I'm not sure how that'll play out with other fund holders- would imagine as a minimum they'd need to see the same from my other uncle?

For example, he has over £10k in shares with Scottish Widows and they're saying I need to send them a copy of the will and have all executors sign the required form, see below-

https://i.postimg.cc/zvfvQjHr/SW.jpg (https://postimages.org/)

I wonder how a letter(s) of renunciation would affect that? I'll need to phone them obviously and discuss anyway but it's such a fucking minefield.


While we're on the topic, I'd advise anyone to get onto their parents and make sure they have an up-to-date will. Along with them telling you where any monies/investments are. I've had to work off random statements and bits of paper just hoping I'm not missing anything important/valuable. :moop:

[Lewis]

Is this merely an administrative pain in the arse, or do you stand to get Mahowed without a will?

[Manc]

Is the plan for both your uncles to renounce executorship? If so make sure they don't meddle with the estate in any way shape or form.

[Alan Shearer The 2nd]

Is this merely an administrative pain in the arse, or do you stand to get Mahowed without a will?
Administrative PITA.


Is the plan for both your uncles to renounce executorship? If so make sure they don't meddle with the estate in any way shape or form.
It wasn't a 'plan' as such but I would see it having to be none or both. My dad's brother only messaged me about it yesterday after he had discussed with my dad's bank on what to do so assume they have suggested to him this is an option to go down.