It seems that in the United Kingdom the biggest reason for wills failing, i.e. being rejected for Probate, is down to defective attestation.

For a will to be properly attested (signed) there has to be two witnesses present who witness the attestation by the person making the will. In other words these two witnesses must actually see the will being signed.

As a matter of good practice, I advise the witnesses that for the next few minutes they must stay in the room, switch off their mobiles and await my instructions. This helps prevent them wandering off and, hopefully, after I have explained to them exactly what they have to do they will have a clear idea of their role. The two witnesses should then sign the will confirming that they have witnessed the signature by the testator.

This failing is most frequently found when DIY wills are presentedfor Probate. The proper procedure is surely mentioned in the instructions of the DIY will package but the potential for missing this one vital point is very high.

My Professional Indemnity insurance requires me to be at the attestation just to avoid this common mistake.

If you would like some advice on this matter or indeed anything about wills or to arrange a visit please call FREEPHONE 0800 878 6565 or 07942 959599 or use our contact page and we will call you back.

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