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IS SHE BEING RIPPED OFF? WILL ISSUES ADVICE NEEDED

(7 Posts)
indamb Thu 02-Jun-05 19:44:32

If a will is made (home made) does this need to be logged with a solicitor, or can it basically be done with 2 witness and put away until needed.

my friend has just lost her dear mum, the sister who lived with the mum has produced this home made will, witnessed by 2 of her friends. leaving everything house, money, insurance policies to her alone. small articles jewelrey etc to be left to other members.

although, the family are not to bothered, some siblings are just not sure this was their mums sole request.

i was under the impression that you can make a will yourself but it needs to be logged with somebody, maybe of legal authority.

any advice would be great.

morningpaper Thu 02-Jun-05 19:49:32

AFAIK you don't have to register or store the will with anybody, although it's sensible to do so and not very expensive.

Did the women HAVE her own solicitor at all? S/he might be able to shed more light on the situation.

indamb Thu 02-Jun-05 19:54:36

NOT SURE WHATS GOING ON, ITS ONLY JUST COME TOO LIGHT.

THE POOR LADY HAS NOT BEEN BURIED YET.

potty1 Thu 02-Jun-05 20:08:08

You can make a will in that way but the will still has to be 'proved' by Probate after the death I think.

If you have any worries about it why not give your local probate office a ring for advice.

Hulababy Fri 03-Jun-05 18:37:59

You can make a will yourself and it doesn't need to be done via a solicitor atall. After a death it will need to go through probate though I think. Not 100% sure but can ask DH later - he specialises in this area of law (see his link via MN website) - and see if he can shed more light on it for you. And it can be contested if other people feel that the will was made under pressure or if someone was not in a state o make a will IYSWIM. TBH home made wills are often very badly drafted and are much easer to contest that a proper will. They need to speak to a solicitor.

Freckle Fri 03-Jun-05 19:05:01

Probate isn't required unless the estate is of some value. E.g., someone who lived in rented accommodation and only had a limited income and no assets would not need to have their will proved, but more than that probate would probably be required.

If no solicitor was involved and the witnesses were friends of the sole beneficiary, I suspect that the will could well be challenged. Is there any suggestion that the deceased was not of sound mind (for want of a better expression)? If yes, then a doctor should have been one of the witnesses for surety.

indamb Mon 06-Jun-05 13:17:24

thanks for all your advice, i will forward it on to her.


stil vary upset at the moment, she doesn't need the hassle.

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