Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
I recently came across a copy of my will which I made some years ago. The two
executors are now deceased and also I noticed that it hasn't been signed or dated. What do
you advise?
Answer :-
The death of the executors before the person who made the will does not affect the
validity of the document. It just means that someone else has to take out what is called
the grant of probate, and it will go by a different name.
There will have to be Letters of Administration with the will annexed. Usually the job
goes to the closest relative of the deceased who is willing and able to do it.
Of more concern is your remark that the copy of the will is unsigned and undated.
A copy of a will does not have to be signed... but does it indicate that the original has
not been signed and dated?
If that were to be the case, then I'm afraid your will would not be a will at all.
The law is very strict about the signing and dating of a will. Not only does it have to
he signed and witnessed by two people but they all have to see each other actually
signing. So it is not good enough to sign it and pop next door to get someone to sign as a
witness.
With regard to your situation, all you have to do is choose two new executors and have
them added to the original will. At the same time you will have the opportunity to check
that it is properly signed and dated!
The cost of making the change will be minimal.
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