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Please could these words be regarded as a will type document?

4 replies

bkgirl · 11/12/2013 21:41

Hi can anyone give me an idea if the following could be interpreted as legal. A relative did make a will with a solicitor but at a later date wrote the following out by hand on her own letter headed paper. I know it is only about tools but believe me, we are trying to mediate between some extended family and there isn't the funds to pay big legal bills.

Date
To whom it may concern.
I,xxxx wish to leave all tools and equipment to my son xxxxx his addressxxxxxx

signed
my relative and witnessed by a neigbour.

OP posts:
bkgirl · 11/12/2013 21:42

To me I think the son should get the tools morally if thats what his mum wanted but to save argument do you think if it ended up in court that it would count?

OP posts:
mumblechum1 · 12/12/2013 10:19

What you describe is a letter of wishes. It would normally be considered to be valid (it doesn't actually need to be witnessed, just signed and dated), although it should have made some mention of the will, eg "further to my will dated xx I wish......."

It would not be the sort of case which goes to court, as the costs would be disproportionate to the value of the chattels. The son should receive the tools, and the rest of the estate will pass under the will.

bkgirl · 16/12/2013 02:39

thanks mumblechum - it's appreciated.

OP posts:
Domaby · 24/12/2013 12:40

Letters of wishes aren't binding on the executors, though they are often followed. It's not a bequest of the tools as this can only be made in a Will or Codicil.

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