Affidavit of attestation

[Molliewalton]

Although the will of my late mother was signed and witnessed it doesn't contain a proper attestation clause. Therefore 5 months after placing this for a solicitor to deal with they have come back telling me that the Probate Registry needs an additional affidavit swearing that the witnesses signed in the presence of my mother when she signed the will. Where do I find the form or is it better that I pay for the solicitor to draw up a form?

Am loathe to spend out more money as I think he should have told me of the problem 5 months ago.

Thanks in advance]

[honeybee13]

Hello and welcome to CAG.

 

You could try ringing the Probate Office youself to see if they have standard attestations. If they don't, you might have to stick with the lawyer.

 

My best, HB

[honeybee13]

I've moved your thread to the General Legal forum and left you a link to follow from the Welcome forum.

 

HB

[Molliewalton]

Thank you MW

[honeybee13]

Mollie, can you let us know how it goes with the Probate Office please?

 

HB

[AndyOrch]

Without a formal attestation clause the will is not necessarily invalid but it may be necessary to obtain an “affidavit of due execution” from one of the witnesses, providing they have not died before the testator, so that probate can be obtained

 

If there is no attestation clause, an affidavit made by at least one witness, giving details of how the will was signed and witnessed, will be needed when the application for probate is made after the testator's death..

 

Best to let your Solicitor advise....

 

Regards

 

Andy

[Mr.P]

If there is no attestation clause, an affidavit made by at least one witness, giving details of how the will was signed and witnessed, will be needed when the application for probate is made after the testator's death..

 

Best to let your Solicitor advise....

 

... And if this solicitor (or the the firm he works for) is responsible for executing the will originally, then I would be expecting him to pick up the bill for any affidavit. An attestation clause has been standard procedure for a very, very long time, and any competent solicitor should be aware of the requirement.