A recent High Court case outlined the need for a solicitor when drafting and signing a Will. This will ensure that your wishes are carried out with minimum fuss and cost.
A man challenged his father’s Will because he believed it fell short of the requirements of the Wills Act 1837, because he had left out of the Will in favour of his father’s neighbour and friend who stood to inherit the entire estate. The Will itself was a shop bought form which had been completed by hand, the son asked private investigators to find the witnesses.
The man had completed the Will form and went outside and asked two men who were mending a van to sign as witnesses to his Will. They obliged using the bonnet of the car they were repairing. There was no dispute that the man had already signed the document.
Although the Will stated that the man had signed in front of the witnesses, it was not so but was not in dispute. The Court had no difficulty in finding that the Will was valid. The two witnesses had explained adequately the events leading up to the signing of the Will made it clear that they all accepted that it was the man’s signature on the form.
The challenge to the Will would not have been necessary had the man sought legal advice, everything would have been compliant with the law and been able to be executed without any additional expense or delay.
If you would like more information about making a Will then please contact us by telephone at our Corby office on 01536 276300 or call our Kettering office on 01536 311690 or simply get in touch online by clicking here.