Has my grandfather’s Will been properly drafted and executed?
Q: My grandfather has died suddenly and I have found a document in his property that looks like a Will. The problem is that it is hand-drafted so I am not sure if it is valid? Also, one of the beneficiaries (my mum) has witnessed the Will. Please can you advise on the validity?
A: A hand-drafted Will can be a valid Will and there is no rule that says it must be typed. That said, a typed Will is always preferable, as it is likely to be more legible to anyone finding and executing it later.
One of the provisions related to validity, however, is that the Will needs to be witnessed by two people. You have stated that your mother is one of the beneficiaries and it could be problematic that she is a beneficiary as well as a witness, but the Will itself remains valid provided that two parties have signed it in the presence of both your late grandfather and one another.
Your mother’s gift in the Will however fails, as she is a beneficiary and a witness. A beneficiary, or their spouse or civil partner, should not witness a Will as it voids the gift to that particular beneficiary.
The predicament you have highlighted is why it is always recommended to seek assistance from a solicitor when making your Will. You can be reassured that your solicitor will give you advice about the Will itself, taking into account your assets. They will ensure a valid Will is drawn up, that it is stored securely and that it is executed properly so that issues like this do not arise.
It will now be essential for you to speak to a solicitor to see how the matter can be best rectified, as from the sound of it this is no longer going to be a straightforward estate administration.
• This question has been answered by Ulia Choudhry, a partner with GHP Legal. If you would like to speak to someone about this or any other legal matter, please visit our website www.ghplegal.com and use the contact us form, or call us on: Wrexham 01978 291456, Llangollen 01978 860313, Oswestry 01691 659194.