Active discussions

Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

Talk
Chat

Join the discussion and chat with other Mumsnetters about everyday life, relationships and parenting.

Original poster

Witnessed a will payment dilemma

195 replies

justasking111 · 10/04/2024 14:50

Husband was asked to witness a neighbour will as was another neighbour.

Neighbour had a solicitor draw it up, signed it then passed it to another neighbour then my husband to sign. He did this, other neighbour signatory then said that the will neighbour had given them some money as a thank you. Husband said no you keep it. Neighbour said thanks they'll buy a bottle of wine. Well it turns out that the elderly neighbour gave £200 as a thank you.

We're in a quandary now because husband didn't witness the elderly neighbour signing, nor did he take any money for signing as a witness.

The neighbour who told us about the payment is a recipient in the will so no reason to doubt her.

Could we be in trouble. I ask this because the person whose will it is has disinherited a child because he's been caught emptying accounts of hers.

Would he have grounds to drag us into this mess if he finds out he's getting nothing?

OP posts:
DappledThings · 10/04/2024 14:55

I don't understand. One witness was given some money, your DH was offered a cut of that money and declined. Is that right?

Not sure what repercussions you think there might be from that. It's weird, witnessing something is hardly a big favour that requires a reward but nothing dodgy I can see

TraitorsGate · 10/04/2024 14:59

Did they all sign in together at the same time, not sure why you're worried about not accepting money.

Andthereyougo · 10/04/2024 15:03

Witnesses have to actually see the person whose Will it is sign —- hence why they are witnesses. If all 3 did not sign at same time — Will owner first followed by witness 1 witness 2 then it’s invalid.
And I’ve never heard of paying anyone to be a witness.

typos

Interested in this thread?

Then you might like threads about this subject:

Legal issues
Original poster
justasking111 · 10/04/2024 15:03

TraitorsGate · 10/04/2024 14:59

Did they all sign in together at the same time, not sure why you're worried about not accepting money.

Nope neither of the witnesses saw the person sign the will it was passed onto us afterwards.

We didn't accept money FFS it takes seconds to sign certainly not £200 worth of time

OP posts:
Harvestfestivalknickers · 10/04/2024 15:04

What exactly is the 'mess' ? Is it that the witness who signed stands to inherit?

Original poster
justasking111 · 10/04/2024 15:04

Andthereyougo · 10/04/2024 15:03

Witnesses have to actually see the person whose Will it is sign —- hence why they are witnesses. If all 3 did not sign at same time — Will owner first followed by witness 1 witness 2 then it’s invalid.
And I’ve never heard of paying anyone to be a witness.

typos

Edited

Thank you that's our concern

OP posts:
Blistory · 10/04/2024 15:04

Your DH was simply witnessing a signature being signed.

Was he present when it was signed ? If so that's all that was required of him.

If he wasn't present, did the other party point to their signature and confirm it was theirs ?

I'd never accept money/gifts for witnessing something as it clouds a really simple process

Original poster
justasking111 · 10/04/2024 15:05

Harvestfestivalknickers · 10/04/2024 15:04

What exactly is the 'mess' ? Is it that the witness who signed stands to inherit?

No they don't stand to inherit

OP posts:
Dacadactyl · 10/04/2024 15:05

justasking111 · 10/04/2024 15:03

Nope neither of the witnesses saw the person sign the will it was passed onto us afterwards.

We didn't accept money FFS it takes seconds to sign certainly not £200 worth of time

Show quote history

Why would anyone sign to say they'd seen the will signed when they hadn't?! That's the whole point of being a witness 🤔

Andthereyougo · 10/04/2024 15:05

And witness 2 who got the £200 us a beneficiary in the Will? Then it’s invalid as a beneficiary cannot be a witness.
Will owner would be better going back to solicitor and having staff be witnesses.

PoppingTomorrow · 10/04/2024 15:06

Why did your husband sign to say he'd witnessed the signature when he hadn't? That is the issue.

Original poster
justasking111 · 10/04/2024 15:06

Blistory · 10/04/2024 15:04

Your DH was simply witnessing a signature being signed.

Was he present when it was signed ? If so that's all that was required of him.

If he wasn't present, did the other party point to their signature and confirm it was theirs ?

I'd never accept money/gifts for witnessing something as it clouds a really simple process

He didn't witness it being signed

OP posts:
BloodyAdultDC · 10/04/2024 15:07

Jesus.

Your dh was asked to witness a signature to ensure that they are of sound mind, not being unduly influenced etc. Which he didn't, he just signed to say he has.

Now you're having a wobbly that the will is likely to massively upset a potential beneficiary as they've been disinherited. Potentially your dh is in a whole heap of trouble - the will is likely invalid.

The £200 is the least of his worries.

Harvestfestivalknickers · 10/04/2024 15:08

As long as the person whose will it was gave it to you I don't see a problem?

Original poster
justasking111 · 10/04/2024 15:09

Harvestfestivalknickers · 10/04/2024 15:08

As long as the person whose will it was gave it to you I don't see a problem?

Nope haven't seen her since pre covid. She's housebound.

OP posts:
Applesandpears23 · 10/04/2024 15:09

The person whose will it is needs to tell their solicitor they screwed up and ask for another copy to sign. Both the witnesses should see the signature happen. You and your DH could be the witnesses together. Noone who benefits in whatever way from a will should be a witness.

SunStorms · 10/04/2024 15:10

I’m not sure what your concerns are specifically. The witnesses should have witnessed the signature as it was signed then signed to confirm that the person whose will it was signed it in their presence.

As I understand it, in the UK, if the other person who witnessed the will is a beneficiary of the will, they will void their inheritance ie they can’t inherit.

It also seems a bit dubious that a beneficiary asked your DH to sign as a witness when he didn’t actually witness the signature…

DappledThings · 10/04/2024 15:10

Legal and General says:
For a will to be valid it must be signed by the testator and their signature must be made or acknowledged in the presence of two witnesses.
"Or acknowledged suggests it doesn't need to actually be signed in front of the witness as long as the will maker is present and confirms they did sign it.

I'm pretty sure my two witnesses were separate so couldn't have both witnessed me actually sign it but I was there to confirm I had signed it when they signed their witness signatures.

Was the will maker present when OP's DH signed?

Original poster
justasking111 · 10/04/2024 15:10

Applesandpears23 · 10/04/2024 15:09

The person whose will it is needs to tell their solicitor they screwed up and ask for another copy to sign. Both the witnesses should see the signature happen. You and your DH could be the witnesses together. Noone who benefits in whatever way from a will should be a witness.

That's a really sensible idea but my daft husband thought he was being a good neighbour 🙈

I wasn't told until afterwards.

OP posts:
Original poster
justasking111 · 10/04/2024 15:11

DappledThings · 10/04/2024 15:10

Legal and General says:
For a will to be valid it must be signed by the testator and their signature must be made or acknowledged in the presence of two witnesses.
"Or acknowledged suggests it doesn't need to actually be signed in front of the witness as long as the will maker is present and confirms they did sign it.

I'm pretty sure my two witnesses were separate so couldn't have both witnessed me actually sign it but I was there to confirm I had signed it when they signed their witness signatures.

Was the will maker present when OP's DH signed?

Nope

OP posts:
Chewbecca · 10/04/2024 15:13

Why on earth did your DH sign a legal document to say he witnessed a signature when he did not?
He needs to retract his signature and the witnessing process needs to start again, properly.

Vermin · 10/04/2024 15:13

This will is invalid and needs re-executing. Did your husband ever have direct contact with the person making the will? Did the testator directly request he witnessed it or did someone ask your husband on their behalf? (Also if someone is being disinherited, there should be a separate letter of wishes and a small gift to show that they were considered)

sandyhappypeople · 10/04/2024 15:13

So elderly neighbour gives neighbour A a will to sign as a witness, who then passes it on to neighbour B (your DH), he signs it and gives it back to neighbour A who gives it back to elderly neighbour?

Neighbour A was given £200 for their trouble and offered to share it but your DH declined.

Are you both stupid? Why would you sign something as a witness when you didn't witness the elderly neighbour sign it??? Neighbour A could have had a fraudulent will made to make them sole beneficiary of the elderly neighbours estate, and your DH signed it.

This has got to be fake.

Bumblebeeinatree · 10/04/2024 15:14

If anyone ever asks he should say he didn't actually see it signed but the person who signed it was there when he signed. And (hopefully) he can say he could see the signature was genuine. I don't think half the people who sign these things realise they are actually meant to see the person sign. 9 times out of 10 no one will ask and often the witnesses are dead or nowhere to be found when the will is used.

ErinAoife · 10/04/2024 15:14

Post is not very clear. Did the solicitor witness your husband when he signed the will? There is usually no money involved on signing a will. In my case, the witness of my will was not even people I know my solicitor organised an accountant and a baker working next to his office.

Swipe left for the next trending thread