Witnesses to Will are deceased - any difficulties?

  • Thread starter Blueberry08
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Blueberry08

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Hi, hoping for some quick advice from any legal experts out there.

I've been told that that if a will is not witnessed by two people it cannot be validly probated - can, therefore, any difficulties arise if there were two witnesses but both are deceased?
 
pending the arrival of expert legal advice as a lay person i feel this will not present a problem as the witness only confirms that the person making the will signed it. if the will is contested then i suppose someone would have to be found to confirm the signature in the absence of the deceased witnesses. i hope this is not legal heresy
 
When you are applying for a grant of probate it is necessary to supply an affidavit of an attesting witness. This is obviously not possible in your case.
 
Pulped said:
When you are applying for a grant of probate it is necessary to supply an affidavit of an attesting witness. This is obviously not possible in your case.
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In some cases an affidavit of an attesting witness is requested but not in every case so the inability to provide one will only be really problematic in very few situations.
 
Thank you everyone for the replies, much appreciated.
 
again as a lay person suggest if feasible to show the will to a solicitor. its better to deal with any issue now rather than later
 
best referrees for job application are deceased ones, would it not be the same for will?
 
The purpose for having a will witnessed is to ensure that the original will is a true and unaffected original document.

Pulped - I am not sure as to where you gather your information but again in this Post you are completely incorrect. How many people have made wills many years ago and the witnesses are deceased. I have dealt with a number of wills and NEVER did a witness have to be called upon.
Please cease from placing inaccurate information leading others astray.
 
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