I have a question related to a Probate application in

Was the Will not signed and witnessed by the lawyer who drafted it?

Normally, we witness the Will, along with one of our staff. It seems odd that two non-lawyers would witness the Will.

Is there property in the Estate that requires Probate? If she did not own any land and had no registered investments or other assets requiring probate, then the Estate Trustee can usually handle everything with just the Will and death certificate.

If there is property in the estate to be probated, then it may be a case where you or whoever is named as Trustee/Executor will need to make application to the Court for Appointment as Estate Trustee. This would involve completing the application, notifying those with a potential interest in the Estate and filing with the Court.

Without having an Affidavit of Execution and with the witnesses being deceased, there is little else you can do to confirm the Will and the Appointment as it would then be up to the Court.

And because there is more to witnessing than just seeing the signature, it would not matter if your husband could verify or if there were other signatures for comparison. Lawyers who draft and witness Wills also attest to the competency of the Testator to have given the instructions in the Will that they did.

Please let me know what other information you require.

Sounds like you have a good grasp on it.

Yes, you can go ahead and submit the Application to the Courts and serve the other interested parties.

You can also explain in the application that all witnesses to the Will are deceased.

Do you believe that anyone with an interest in the Estate will challenge your appointment?