Registrar plans to dis-allow will...HELP!!!

[chattysue]

DH's Uncle died leaving a will and DH is an executor.
Probate was applied for with appropriate forms, however, it has since come to light that the witnesses did not sign at the same time and one of the witnesses omitted his signature.
The Registrar has indicated that he will dis-allow the will and that DH has been told that he will probably need to apply for Letter of Administration.
My question is .. can the estate still be distributed in accordance with the wishes of the will even if the will has been dis-allowed?

[YesMaam]

The estate should be distributed in accordance with the rules of intestacy (have a google for rules in england and wales), so if uncle has a surviving spouse, to her. Or if not spouse but children to them in equal shares. Or if no children to his own siblings. etc.

If those in receipt of the inheritence, wish to distribute the estate in a different way, e.g. he only has siblings and they are happy for their shares to be reduced so neices and nephews can benefit in the way the will intended, there is no reason why this cannot happen, but if I were an executor I'd be covering my back and getting written confirmation from the true beneficiaries that they were happy and agreed with this.

I don't know what the tax implications are though for those who receive a share when technically they are not so entitled.

[chattysue]

Thank you YesMaam.
DH's Uncle had no wife or siblings, the estate was to be left to his one surviving brother and his son (let's call him Fred) and then three other nephews whose parents are no longer alive.
DH is concerned that Fred won't now be able to inherit as his father is living.
We will google for the rules in England and Wales - we are unsure if, as executor, DH can still divide up his Uncle's estate as his Uncle wished.
We take on board your comments about getting the beneficiaries views before we do anything.
Thanks again.

[YesMaam]

Under the rules of intestacy the surviving brother gets the lot (subject to debts and inheritance tax). If the surviving brother is happy following his deceased brother's wishes and allows your DH to distribute the estate as per the intention of the will, get this is writing.

I cannot see how you would be criticised because actually it is just like giving the surviving brother the lot and him distributing it according to the will. It could say

"I understand that under the rules of intestacy I am entitled to the entire residuary estate of X, but I wish Y to carry out my brother's wishes as per his will dated Z, which would have been valid but for being improperly executed. I accept I have no rights to reclaim the residuary estate distributed in this way as I am happy for it to be gifted to the intended beneficaries"

If surviving brother doesn't or cannot consent (dementia etc) then under intestacy he should get the lot.

How was it discovered the will was not properly executed? Do you accept it was not properly executed?

[Sittinginthesun]

Very quick reply - intestacy rules state it is distributed between siblings, or their issue if siblings predecease.

So, brother gets his share, but his son would not get a share.

Beneficiaries can agree to redistribute - either as personal gifts or, if better for their tax position, by a deed of variation of the intestacy.

Registrar won't have a choice if will not correctly executed. Both witnesses must be present and must sign in testator's presence.