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Buachaill, Barrister
Category: UK Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Mother-in-law's DIY Will and Testament left all to daughter,

Customer Question

mother-in-law's DIY Will and Testament left all to daughter, being estranged from elder child for decades.Will signed in front of witnesses who then subscribed their names, in printed format,to the document. Probate office now says get estranged son to agree will proven but he is in Australia and is not replying. The absence of signatures was an unfortunate compliance with the DIY document but mother-in-law's intention was never in doubt but the Probate Office has said "Probate Refused Is there no way around this ancient legislation so that it recognises what was clearly the testators intntion? I
Submitted: 1 year ago.
Category: UK Law
Expert:  Buachaill replied 1 year ago.

1. If both witnesses are still living then you can put down a Summons and have the will proved in solemn form. This will involve the two witnesses giving evidence that the printed format is indeed their signature and their mark on the will properly witnessing it. In this way, you can prove the will and avoid the need to contact the uncontactable brother in Australia. Once you have a court order whereby the will has been proved in solemn form, this is sufficient compliance with the Wills Act for the probate Office to accept it. Essentially, your problem at the moment is that there aren't two signatures and the requirements of the Wills Act have not been complied with. Compliance with the terms of the Wills Act is strict and the Probate Office are legally correct not to accept it. However, if you prove the will in solemn form, this avoids the current difficulties. Get yourself a barrister to represent the estate and prove the will in solemn form.