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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:
MissScarletInTheBallroom · 10/04/2024 15:51

justasking111 · 10/04/2024 15:25

Nope not the will maker just a neighbour, who had received it from another neighbour who is a beneficiary so couldn't sign it

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Oh my fucking Christ, I missed this part.

How do any of you know that the neighbour who is a "beneficiary" didn't have the will drawn up themselves and forge your elderly neighbour's signature?

21ZIGGY · 10/04/2024 15:51

Comefromaway · 10/04/2024 15:40

You need to tell him he could be in deep legal trouble if he doesn't report this.

Your husband wont be in ANY legal trouble, @justasking111

If the will is challenged and your husband is asked by the court to state whether he saw the testator sign it or acknowledge her signature, he says no and the will is declared invalid. The estate goes by intestacy. The end

It really bugs me when people who know nothing about these things comment with their nonsense thoughts and views

If you dont KNOW dont reply

saraclara · 10/04/2024 15:51

justasking111 · 10/04/2024 15:47

I bloody understand it. He didn't tell me until afterwards.

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Sorry, but I was just going by this exchange above, which gave the impression that you didn't understand it.

What do you think witnessing a signature means?

You're supposed to watch the testator sign their own will and then sign below to say you have watched them sign.

If neither witness saw the testator sign the will then the will is invalid.

I've never been asked to sign a will so how would I know.

Interested in this thread?

Then you might like threads about this subject:

Legal issues
Original poster
justasking111 · 10/04/2024 15:52

HummingbirdChandelier · 10/04/2024 15:50

How could he “witness” a signature if he did not see the person sign it?

That’s the whole point. He needs to go round and tell the person who purportedly made the will and get them to redo it, maybe tell their solicitor.

They're in their 90s, housebound, very frail. We haven't seen them to even nod to for five years

OP posts:
HummingbirdChandelier · 10/04/2024 15:53

justasking111 · 10/04/2024 15:52

They're in their 90s, housebound, very frail. We haven't seen them to even nod to for five years

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Jeez, you need to get this sorted. If your DH won’t go round then you need to

ShinyAppleDreamingOfTheSea · 10/04/2024 15:53

I recommend contacting the solicitor who drew the will up and let them know. Sounds as if there may be some issues around the elderly neighbour whose will it is - considering you haven't seen them out and about in the last couple of years so it may well be that if you speak to them, they may not understand the problem. Would you find it easier to just contact the solicitor yourself and explain what has happened and say that they need to start the process again? (And perhaps leaving you/your DH out of it next time!)

Itsalwaysthelasttime · 10/04/2024 15:54

Is the solicitor, who drew up the will related to the beneficiary or another neighbour?

Original poster
justasking111 · 10/04/2024 15:56

Itsalwaysthelasttime · 10/04/2024 15:54

Is the solicitor, who drew up the will related to the beneficiary or another neighbour?

Related to a neighbour who is also a beneficiary hence they couldn't be a witness.

OP posts:
Candleabra · 10/04/2024 15:57

What a mess. Your husband is an idiot.

MissScarletInTheBallroom · 10/04/2024 15:58

justasking111 · 10/04/2024 15:56

Related to a neighbour who is also a beneficiary hence they couldn't be a witness.

Edited
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This is all dodgy as fuck.

HummingbirdChandelier · 10/04/2024 15:58

This is getting weirder and weirder. A payment for witnessing a signature is highly unusual too.

Doingmybest12 · 10/04/2024 15:58

So your husband presumably doesn't know what the will maker's signature looks like, if the person even wrote the will or even if they have capacity to make the will or even is alive. As you know its a stupid thing to do. I think I might get legal advice myself or call police as basically you think fraud is going on.

HummingbirdChandelier · 10/04/2024 16:00

I agree with the above. I’d ring the police.

Boredwiththinkingofanotherusername · 10/04/2024 16:00

You can't sign as witness to a will if you're a beneficiary - it surely invalidates the will!?

XpelairHamPortal · 10/04/2024 16:00

Fucking hell. Just when you thought MN couldn't get any more batshit...

sandyhappypeople · 10/04/2024 16:00

justasking111 · 10/04/2024 15:56

Related to a neighbour who is also a beneficiary hence they couldn't be a witness.

Edited
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how do you know all this?

Towerofsong · 10/04/2024 16:00

The witnesses are signing to say they were both present when the person whose will it is, signed it.

Otherwise how can they know that it was his signature and he signed it and was not coerced to sign?

So, the will is invalid.

The next issue is that a witness cannot be a beneficiary in the will, because that gives them a motive to not be honest in their witnessing of it.

The fact that the elderly guy gave the neighbour £200 to witness it, seems odd to me. And also it could appear that he was given money to agree to witness something he hadn't actually witnessed.

I think you should make the elderly guy aware that the will is invalid so he has a chance to get a proper one done.

What your DH does about the fact that he signed to say he witnessed something which he did not, I am not sure - I don't know if there is a place to register that the will signing is invalid.

ShinyAppleDreamingOfTheSea · 10/04/2024 16:01

Boredwiththinkingofanotherusername · 10/04/2024 16:00

You can't sign as witness to a will if you're a beneficiary - it surely invalidates the will!?

Nobody has signed as witness who is a beneficiary . The neighbour who is the beneficiary is the one who has passed it to other neighbours to sign as witness.

IClaudine · 10/04/2024 16:08

justasking111 · 10/04/2024 15:52

They're in their 90s, housebound, very frail. We haven't seen them to even nod to for five years

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This is worrying. Can you check up to see if they are OK? Could someone be trying to take advantage of them?

AlohaRose · 10/04/2024 16:08

What an earth did your husband think he was doing when he signed the Will of someone he hasn’t seen for more than four years?! Does he even know that this person is of sound mind still? Someone has posted the link above where he can check that the solicitor is actually registered and he needs to find out which firm they work for, then I would write to the solicitor advising that he did not understand what he was doing and that he did not actually witness the signature and has not seen this person in a number of years.

TraitorsGate · 10/04/2024 16:08

Doingmybest12 · 10/04/2024 15:58

So your husband presumably doesn't know what the will maker's signature looks like, if the person even wrote the will or even if they have capacity to make the will or even is alive. As you know its a stupid thing to do. I think I might get legal advice myself or call police as basically you think fraud is going on.

This 100%

sandyhappypeople · 10/04/2024 16:09

justasking111 · 10/04/2024 15:52

They're in their 90s, housebound, very frail. We haven't seen them to even nod to for five years

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So not only is your DH prepared to collude in the potential abuse of a 90 year old frail neighbour, you're unprepared to go round and check on them too to make sure they're okay.

Some fucking neighbours you are.

If you're not going to contact them personally then at least report it to the adult safeguarding team of your local council, or the police.

NigellaAwesome · 10/04/2024 16:09

Everything about this sounds wrong. These poor people - having neighbours and related solicitors pass their will round willy nilly for signature and conveniently being beneficiaries. So no-one actually knows what the people's wishes are?

A pp rightly said this has fraud and coercion written all over it, and your DH is stupid enough to get involved.

Original poster
justasking111 · 10/04/2024 16:10

IClaudine · 10/04/2024 16:08

This is worrying. Can you check up to see if they are OK? Could someone be trying to take advantage of them?

Edited
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They have a carer. Who presumably has access to their money because that £200 thank you didn't fall out of a tree.

OP posts:
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