will not dated

[crisd]

My uncle died and his will was signed by him and two witnesses but not dated is the will still valid ?

[des8]

The Wills Act 1837., section 9 does not require that a Will be dated and so the absence of such does not invalidate the same.
If there is another will in existence there might be problems deciding which is the final testament.

[crisd]

The Wills Act 1837., section 9 does not require that a Will be dated and so the absence of such does not invalidate the same.
If there is another will in existence there might be problems deciding which is the final testament.

There is another will that was done in 1984 this will was done in 2014 there is proof of this as my uncle and the witnesses lived at different addresses in 1984 would this help

[des8]

obviously if one can prove the dates, it will help if there is a dispute.
Even better if either of the witnesses is still alive and can testify to the date.

Is anyone putting the earlier will forward as being valid?

[crisd]

There is another will that was done in 1984 this will was done in 2014 there is proof of this as my uncle and the witnesses lived at different addresses in 1984 would this help

Hi my solicitor is saying without a date he cant put it to probate is that right

[des8]

Did your solicitor explain why he cannot submit the will?

Regarding the absence of a date AFAIK the only reason an undated will is considered invalid is when the testator believes it will be invalid if he doesn't date the document.
Is there any reason to believe this is the case here?

If there is uncertainty about whether the will was signed before, or after, any other will being produced, or before or after an event such as marriage it may be necessary for the witnesses (if still alive!) to give the Probate office a statement regarding the witnessing of the will.

As already mentioned the Wills Act 1837., section 9 does not require that a Will be dated

change solicitor???????????

[crisd]

Did your solicitor explain why he cannot submit the will?

Regarding the absence of a date AFAIK the only reason an undated will is considered invalid is when the testator believes it will be invalid if he doesn't date the document.
Is there any reason to believe this is the case here?

If there is uncertainty about whether the will was signed before, or after, any other will being produced, or before or after an event such as marriage it may be necessary for the witnesses (if still alive!) to give the Probate office a statement regarding the witnessing of the will.

As already mentioned the Wills Act 1837., section 9 does not require that a Will be dated

change solicitor???????????

so can i ask the solicitor for return the will and document to me ?

[des8]

If you instructed the solicitor, you can withdraw the instructions.
Before returning any documents he will probably require settlement of his account for work already undertaken.

IMO you should first ask him why he can't enter an undated will for probate in view of the Wills Act 1837, section 9 not requiring a Will be dated

[crisd]

If you instructed the solicitor, you can withdraw the instructions.
Before returning any documents he will probably require settlement of his account for work already undertaken.

IMO you should first ask him why he can't enter an undated will for probate in view of the Wills Act 1837, section 9 not requiring a Will be dated

The solicitor told me he needs to put the will before a judge before he can put it to probate.

[des8]

I'm sure he has his reasons, so is he actually doing anything?

[crisd]

Did your solicitor explain why he cannot submit the will?

Regarding the absence of a date AFAIK the only reason an undated will is considered invalid is when the testator believes it will be invalid if he doesn't date the document.
Is there any reason to believe this is the case here?

If there is uncertainty about whether the will was signed before, or after, any other will being produced, or before or after an event such as marriage it may be necessary for the witnesses (if still alive!) to give the Probate office a statement regarding the witnessing of the will.

As already mentioned the Wills Act 1837., section 9 does not require that a Will be dated

change solicitor???????????

Yes the only reason is it has not got a date on it.

[des8]

so you have to decide whether to stick with this solicitor, appoint another or diy