Signed will

[Carman6]

Hi can anybody give me some advice my friend has been left a house in her mother's will and instructed to make sure her disabled son of 56 is looked after in the event of her death but the will has only been signed once by the testor but signed by two witnesses on both sides of will is this a valid will? Thanks in advance. Carman

[des8]

Probably.
Typically, the signature must be at the end of the last page of the will, but there are instances where due to lack of space the will is signed at the edge of the last page.
The witnesses should be independent and both must witness the testator signing the will.
The witnesses also need to see each other put their names on the will.

There are other reasons which would permit the validity of the will to be challenged

[Carman6]

Hi thanks for reply, just to also say that on the signed page all 3 signatures along the bottom, them being the 2 witnesses and the testor but on the other side only the two witnesses signed with their addresses can it be contested? Regards carman

[des8]

The Wills Act 1837 only requires the will be attested and signed at the bottom of the last page

The address of the witnesses is required in case they need to be found later.
I doubt the will can be challenged because their addresses are on a different page.

Are there concerns over the validity of the will?
Has probate been applied for?

[Carman6]

The brother and his wife who never hardly visited her are inplying that they will contest the will because it,s been left to his sister who has always made sure her mother and disabled brother were looked after ie holidays and Christmas time days out and any problems they had, both witnesses signed along side together with her mother.

[Carman6]

Probate hasn't as far as I know been applied for

[Carman6]

The brother and his wife had meeting with sister and kept denied that they haven't seen their mother for 8 months and just kept making stories up of what they allegedly did do and said that her mother is a liar but disable brother who lived with mother also told us how they never used to visit.

[Carman6]

Sorry I understand that because she did everything for her mother and brother by law it does not count for much but it is annoying for brother to start demanding entitlement

[des8]

Just to get it straight:
Mother has left house to daughter, with instructions that her disabled son is to be looked after by said daughter.
Another son pops up and says it's unfair, I want my share.

He could try and challenge the will on the grounds it was invalid or that the testator did not have capacity to make a will.
Both are difficult to prove

More likely is that he will make a claim under The Inheritance (Provision for Family and Dependants) Act 1975.
People will often make a claim under that act in the expectation that the other side will make an offer to avoid the possible high cost of fighting it.

If that occurs your friend should seek proper legal advice

[Carman6]

Thank you for your advice her mother is still in hospital at the moment and might even recover hopefully but brother and his wife are wanting to put house in a trust fund. Thanks again

[des8]

If mother is still alive and has capacity they cannot put her house in to a trust or do anything at all with it unless mother agrees!

[Carman6]

Thanks, mother isn't able to talk at the moment as she's had a stroke but has improved slightly from last week thanks for the advice. Best Regards Carman6

[des8]

If mother has not given power of attorney, but is incapable of running her own affairs, someone will have to apply to the court of protection to obtain authority to help her.
More detailed info here: https://www.moneyadviceservice.org.u...ental-capacity

[Carman6]

Thank you, we are praying for her recovery