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Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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wills-my aunt has died and left a diy will which we believe

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wills-my aunt has died and left a diy will which we believe to be the most recent, however one of the witness's has died last year, how will this affect the validity of the will if at all?



Thanks for your question.

The death of a witness does not make the Will unenforceable, provided there was no duress, undue influence or lack of mental capacity on the part of the testator (ie. the person making he Will) and the Will is properly executed then it will be legally binding.


It would have to have been signed by the testator, in the presence of two witnesses who have also signed the Will in their capacity as witnesses.


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