What are the executor and their solicitors legally bound to do?

[Aussie_Pete]

atticus & sederunt
I believe we have gotten to the nub of the issue. Despite been named in a hand written note by the deceased, which was in a sealed envelope titled will amendment, they are not being classed as a beneficiary - they are being classed as a creditor.

The executor and the solicitors have discounted the hand written note as having no legal weight, despite being written by & signed by the deceased, as it is undated.

[Tofros]

atticus & sederunt
I believe we have gotten to the nub of the issue. Despite been named in a hand written note by the deceased, which was in a sealed envelope titled will amendment, they are not being classed as a beneficiary - they are being classed as a creditor.

The executor and the solicitors have discounted the hand written note as having no legal weight, despite being written by & signed by the deceased, as it is undated.

when you say “they” are being classed as a creditor, I assume you are referring to your friend and not to a third party?

That would explain information not being forthcoming as a non beneficiary would not be entitled to the same info as beneficiaries.

Execution of any amendment (codicil) to a will is subject to the same rules re signing and witnessing as a will, so it will not be effective if just signed by the deceased.

[Tofros]

However, if signed and witnessed correctly but undated it should still be valid. Depending on the amount at issue it could be worth your friend taking advice.If the estate is solvent, creditors must be paid in full, whereas bequests can be subject to a reduction depending what type and what others there are. Is it a significant sum?

[Aussie_Pete]

Tofros yes to it refering to my friend and not a third party.

The document is written in the hand of the deceased and signed by them, but not dated nor witnessed.

The estate is solvent (assets not cash) and sums are significant to them - £30k+

[sederunt]

A document which is undated and unwitnessed is not self-proving therefore, if there is evidence, might be set up by court action to have testamentary effect. This is often done as part of the Confirmation process.


However, if the person is considered a creditor, could this suggest that the note is an indication of debt rather than having testamentary effect?

[Aussie_Pete]

sederunt you've got me -

Is there a difference in terms of legal standing if the note is considered "an indication of debt rather than having testamentary effect"

I should add that the hand written note, which was in a sealed envelope signed by the deceased and titled "Will Amendment" includes a number of stipulations, some of which relate to disbursement for beneficiaries. I also expect one of the beneficiaries to dispute it's applicability.

[sederunt]

If the note had testamentary effect then any subject would be a beneficiary rather than a creditor.


I think you need to disclose full information if you wish comments.

[Aussie_Pete]

sederunt whilst I do have a copy, I don't feel in a position to share the contents of the hand written note. Based on the responses to this thread I have suggested getting independent legal advice.

If you have a recommendation for a lawyer based in Glasgow, who has appropriate experience in this field, please let me know