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Is this will valid?

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  • Is this will valid?

    My cousin died recently and he had made out a will just before the first Covid lockdown using a will template He made a couple of his friends executors and they all signed it. He ticked the box to say he wanted to be cremated but didn't write anything else in the will but told both the executors what he wanted to put in it. He left the will with one of the executors intending, I think, to return and complete it a few days later. Unfortunately we then went into lockdown and he wasn't able to return to complete it. He then started to develop dementia and ended up in a home and then died. Is the will valid and can the executors carry out his verbal wishes or would they have to distribute the small (approx £10,000) estate according to the intestacy rules?
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  • #2
    Was the will signed and are there 2 witnesses to the signature?

    Are the witnesses beneficiaries of the will?

    Comment


    • #3
      He signed the will and both the executors signed as witnesses

      Comment


      • #4
        He did not want to leave anything to the executors.

        Comment


        • #5
          Condolences on your loss

          If the will form is blank regarding the testator's wishes the estate should be dealt with under the rules of intestacy.
          Those rules apply not just to the distribution but also to who has the right to act as administrator.
          In other words if that form is blank, there is no will and he has not even appointed executors!

          Comment


          • #6
            If it had been signed and witnessed what made you think he was going to go back and amend? Or was this "witnessed" after death?

            Comment


            • #7
              If the executors were beneficiaries, then their signature to the Will is invalid. Witnesses cannot be beneficiaries.

              Comment

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