Many people put off making a will because they can.

Those who make the decision to get a Will sometimes take a long time to actually do ‘the deed’ as well. In one case, I had first contact with a particular client and an appointment made which had to be cancelled. For one thing and another – mainly because they were too busy – the appointment was not reset until about 8 months later. Then it took another 7 weeks to deal with the draft will and then another 10 weeks to get the signing (attestation) sorted out.

In all it was over a year, which is a record for me.

I suppose a lot could have happened in that intervening year of delay a.k.a. an extra year of potential intestacy and lack of guardians appointed – just saying!

Just two days before millionaire businessman Mark Butler died after a protracted battle with cancer, he made his will leaving everything to his wife Taryn. He was fortified by knowing that at least she and their two young children, would be well provided for.

He wanted them to stay in the family home in London, valued at £1.5 million and he also wanted Taryn to have his shares in a successful corporate hospitality business.

However, the will signing was witnessed by only one person and a result, he was declared to have died intestate. The law requires two people to witness the signing.

His 42-year-old wife was plunged into a legal nightmare. She has been given legal advice that the only way she can remain in the family home and give her children the upbringing she and her late husband planned is to sue her children, in effect, for their inheritance.

This is a classic example of how things can wrong so easily without professional help and guidance.

The full story was published on 27th May 2009 in the Telegraph

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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