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Is this a valid will?

12 replies

NorthernLurker · 16/01/2019 22:52

Top of the will it says 'made on 15 day of January 20....' but it was actually signed six months later when the person got round to it. It's dated at the bottom for the signature and was witnessed by two eligible people. To me it looks like the intention is clear and took effect when signed? Is two dates on a Will an issue? Surely lots of people draft one day and sign on another?

OP posts:
NorthernLurker · 17/01/2019 23:07

Bump

OP posts:
PurpleWithRed · 17/01/2019 23:12

No idea - my guess would be it’s fine but you ought to take proper advice if it’s likely to an issue.

Jon65 · 18/01/2019 01:06

It is valid.

NorthernLurker · 18/01/2019 23:55

Thanks.

OP posts:
Blueberryhill123 · 20/01/2019 11:40

I'm guessing it depends when the testator signed it. Was it signed when it was drafted by the testator?
If so, and then witnesses signed on a different day then surely it wouldn't be valid?
I'm having my own issues with a will at the moment. I just wish everything was more straightforward!

Jon65 · 20/01/2019 12:58

The will must be signed and the witnesses must have witnessed the signing and signed they witnessed it at the same time. Op didn't say it wasn't witnessed correctly, just dated at the top a different day. The different dates are irrelevant and would not make it invalid.

Blueberryhill123 · 20/01/2019 13:01

What I meant was, if the witnesses signed at the same time as each other, but on a different day to the testator, that would surely make it invalid.
The testator has to sign at the same time as the Witnesses.

HollowTalk · 20/01/2019 13:02

I think as long as the testator and the witnesses sign at the same time, all is okay. It may well have been written earlier - that would be quite normal, wouldn't it?

Blueberryhill123 · 20/01/2019 13:03

Oh I see what you meant now! Blush and

DitheringDaisy · 20/01/2019 13:03

A will doesn't need a date to be valid but it is best practice to date it in case of there being two Wills and needing to know which is the latest.

SinceYouAskMe · 20/01/2019 13:05

My legal knowledge is out of date but it sounds valid to me - especially if the witnesses can be tracked down to confirm that they did in fact witness the testator signing on the second date. Getting hold of two appropriate witnesses can be the most difficult part of making a homemade will.

NorthernLurker · 20/01/2019 17:54

Thank you all, yes it was signed and witnessed at the same time as should be done. It just had taken some time to get the witnesses round hence the difference in dates.

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