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Will related. Attestation of due execution

5 replies

Blueberryhill123 · 17/11/2018 10:16

My Mum and I are questioning the validity of my Grandfather's homemade Will, for various reasons, one being the witness signature's look extremely similar and look like they've possibly been traced. (Googled signs of handwriting forgery)

The only thing is, it does say on the Will (handwritten) that an affidavit of due execution has been filed 199*. (Not giving the full date as I don't want to potentially out myself).

Does this mean that the witness signature's ARE in fact genuine? and would the witnesses have had to personally attend the Solicitor's in order for the affidavit to be filed?

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prh47bridge · 17/11/2018 15:01

It means a person or persons (which could be one or both of the witnesses, or someone who watched the witnesses sign) attended a solicitor personally and made a sworn statement. It does not absolutely guarantee that the signatures are genuine but the presumption is that they are.

Blueberryhill123 · 17/11/2018 15:53

Thank you, in a nutshell, my Aunt was the sole Beneficiary (apart from us Grandchildren) and received a substantial inheritance. My Mum got nothing, (there had been a rift previously but that was healed when my GF passed away).

My Aunt was also the executor of the Will, and she also drafted it (her handwriting according to my Mum).
Is it possible that my Aunt, even though she was both executor and beneficiary, could have been allowed to also swear on oath regarding the witnesses signature's do you know?

I'm presuming not, but I'm trying to think of a way she may have tried to get around the attestation part IF she had forged any witness signatures.

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Blueberryhill123 · 18/11/2018 09:13

.

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prh47bridge · 18/11/2018 20:16

At the moment you don't even have proof that there is an affidavit. The fact that someone has written that on the will doesn't necessarily mean it is true. If you think the will may be a forgery you will have to do some digging. If you are thinking of contesting the will you should consult a lawyer who specialises in contentious probate.

Blueberryhill123 · 19/11/2018 10:42

prh47bridge
Thank you for your advice, as you say, we do need to dig deeper I think, and find out if an attestation was really done (and is genuine).
If things still seem suspicious, then I'm sure my Mum will contact a contentious probate Solicitor.

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