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Incompletely dated will

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  • Incompletely dated will

    My mother died last year. I am sole executor and her estate is left to me. I am applying shortly for probate. I just noticed this week - the will has a year, but no day or date. I have looked to find the law firm - they seem to no longer exist. What would you advise I do? Ruby
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  • #2

    The Wills act1837 as amended by administration of Justice Act 1982* doesn't mention the dating of a will regarding its validity.

    The dating is needed so one can be sure it is the latest will.
    If your mother has no spouse or civil partner and you are the only child, you would inherit her estate under the intestacy rules.
    Under those circumstances**it is unlikely that probate would be withheld .
    If it is held that the will is void, you would need to apply for letters of administration to deal with the estate according to the intestacy rules

    Comment


    • #3
      Originally posted by des8 View Post

      The Wills act1837 as amended by administration of Justice Act 1982 doesn't mention the dating of a will regarding its validity.

      The dating is needed so one can be sure it is the latest will.
      If your mother has no spouse or civil partner and you are the only child, you would inherit her estate under the intestacy rules.
      Under those circumstancesit is unlikely that probate would be withheld .
      If it is held that the will is void, you would need to apply for letters of administration to deal with the estate according to the intestacy rules
      Thank you so much for that, Ruby

      Comment

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