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Another Will question



 
 
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  #11  
Old January 28th 08, 01:55 AM posted to uk.legal.moderated
Mike
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Posts: 3,289
Default Another Will question

Owain wrote:
Mike wrote:
Don Aitken wrote:
It makes no difference at all, except in Scotland. All that matters is
that the Will is properly signed and witnessed.

Just curious, what difference does it make in Scotland?


Traditionally in Scotland, a Will and certain other documents must be in
"probative writing". This means either (a) handwriting (holograph) (b)
other writing that has been witnessed (c) other writing that has been
"adopted as holograph". Holograph or witnessed are the usual forms.

[snip]

Thanks to all who replied. I thought might be something like that.

--
Mike

  #12  
Old January 28th 08, 08:55 AM posted to uk.legal.moderated
RobertL
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Posts: 178
Default Another Will question

On Jan 25, 9:45*pm, Alan Williams wrote:
David J wrote:
I can't seem to find anything on this topic, maybe because is isn't
relevant....


My question is: Does a Will have to be hand-written by the Testator?


Or can it be typed/word-processed. *All the samples I have seen show
the text in hand script.


Really? *How strange. *All the wills I've seen (apart from ones that
were "historic" documents) have been typed/word-processed. *The only
handwriting was the signature+date by the testator and the name+address
by the witnesses.


...and the signatures of the witnesses one hopes :-)

Robert


  #13  
Old January 28th 08, 11:45 AM posted to uk.legal.moderated
Peter Crosland
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Posts: 4,084
Default Another Will question

David J wrote:
I can't seem to find anything on this topic, maybe because is isn't
relevant....

My question is: Does a Will have to be hand-written by the Testator?


No.

Or can it be typed/word-processed. All the samples I have seen show
the text in hand script.


The testator has to sign it in the presence of two witnesses who my not be
beneficiaries of the will.

Peter Crosland



  #14  
Old January 28th 08, 12:00 PM posted to uk.legal.moderated
Martin Bonner
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Posts: 419
Default Another Will question

On Jan 28, 11:45 am, "Peter Crosland" wrote:
David J wrote:
My question is: Does a Will have to be hand-written by the Testator?

No.
Or can it be typed/word-processed. All the samples I have seen show
the text in hand script.

The testator has to sign it in the presence of two witnesses who may not be
beneficiaries of the will.


Correction "two witnesses who /will/ not be beneficiaries of the
will".

If the will appears to leave something to either of the witnesses,
that particular bequest is treated as non-existant, but the rest of
the will remains valid.

(Yes, I know this is nit-picking, but you can't pick at nits in UKLM
where can you?)

  #15  
Old January 28th 08, 01:05 PM posted to uk.legal.moderated
Peter Crosland
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Posts: 4,084
Default Another Will question

Martin Bonner wrote:
On Jan 28, 11:45 am, "Peter Crosland" wrote:
David J wrote:
My question is: Does a Will have to be hand-written by the Testator?

No.
Or can it be typed/word-processed. All the samples I have seen show
the text in hand script.

The testator has to sign it in the presence of two witnesses who may
not be beneficiaries of the will.


Correction "two witnesses who /will/ not be beneficiaries of the
will".

If the will appears to leave something to either of the witnesses,
that particular bequest is treated as non-existant, but the rest of
the will remains valid.

(Yes, I know this is nit-picking, but you can't pick at nits in UKLM
where can you?)


Noted. You forgot to turn pedant mode on and off!

Peter Crosland



  #16  
Old January 28th 08, 05:00 PM posted to uk.legal.moderated
David J
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Posts: 336
Default Another Will question

On Mon, 28 Jan 2008 13:05:09 +0000, "Peter Crosland"
wrote:

snip

If the will appears to leave something to either of the witnesses,
that particular bequest is treated as non-existant, but the rest of
the will remains valid.

(Yes, I know this is nit-picking, but you can't pick at nits in UKLM
where can you?)


Noted. You forgot to turn pedant mode on and off!

Peter Crosland

Thanks to everybody for both your answers to my original question, and
for all the subsequent information. I now am confident enough to
prepare my own uncomplicated Will on my PC and have it witnessed by
two friends, who are not beneficiaries.

David



  #17  
Old January 28th 08, 05:45 PM posted to uk.legal.moderated
Peter Crosland
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Posts: 4,084
Default Another Will question

David J wrote:
On Mon, 28 Jan 2008 13:05:09 +0000, "Peter Crosland"
wrote:

snip

If the will appears to leave something to either of the witnesses,
that particular bequest is treated as non-existant, but the rest of
the will remains valid.

(Yes, I know this is nit-picking, but you can't pick at nits in UKLM
where can you?)


Noted. You forgot to turn pedant mode on and off!

Peter Crosland

Thanks to everybody for both your answers to my original question, and
for all the subsequent information. I now am confident enough to
prepare my own uncomplicated Will on my PC and have it witnessed by
two friends, who are not beneficiaries.


That opens a quite new potential can of worms David! DIY wills often end up
benefiting the legal profession because people use words and phrases that
don't mean what they think they do. For the sake of a couple of hundred
pounds go and get it done by a solicitor. Don't use a will writer. Regard
the fee as insurance for your heirs.

Peter Crosland



  #18  
Old January 28th 08, 06:40 PM posted to uk.legal.moderated
Norman Wells
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Posts: 1,697
Default Another Will question


"Peter Crosland" wrote in message
...
David J wrote:
On Mon, 28 Jan 2008 13:05:09 +0000, "Peter Crosland"
wrote:

snip

If the will appears to leave something to either of the witnesses,
that particular bequest is treated as non-existant, but the rest of
the will remains valid.

(Yes, I know this is nit-picking, but you can't pick at nits in UKLM
where can you?)

Noted. You forgot to turn pedant mode on and off!

Peter Crosland

Thanks to everybody for both your answers to my original question, and
for all the subsequent information. I now am confident enough to
prepare my own uncomplicated Will on my PC and have it witnessed by
two friends, who are not beneficiaries.


That opens a quite new potential can of worms David! DIY wills often end
up
benefiting the legal profession because people use words and phrases that
don't mean what they think they do. For the sake of a couple of hundred
pounds go and get it done by a solicitor. Don't use a will writer. Regard
the fee as insurance for your heirs.


Indeed. If you act as your own lawyer, you have a fool for a client.


 




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