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Another Will question



 
 
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  #1  
Old January 25th 08, 08:30 PM posted to uk.legal.moderated
David J
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Posts: 336
Default Another Will question

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.

David

  #2  
Old January 25th 08, 09:00 PM posted to uk.legal.moderated
Pendower
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Posts: 44
Default Another Will question


"David J" wrote in message
...

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

David


no

terryw


  #3  
Old January 25th 08, 09:45 PM posted to uk.legal.moderated
Alan Williams
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Posts: 40
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?

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.

David


Alan

  #4  
Old January 25th 08, 09:55 PM posted to uk.legal.moderated
Don Aitken
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Posts: 1,053
Default Another Will question

On Fri, 25 Jan 2008 20:30:06 +0000, 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.

It makes no difference at all, except in Scotland. All that matters is
that the Will is properly signed and witnessed.

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"

  #5  
Old January 25th 08, 11:30 PM posted to uk.legal.moderated
clot
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Posts: 16
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?

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



I concur with the two previous responses.


  #6  
Old January 25th 08, 11:50 PM posted to uk.legal.moderated
Mike
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Posts: 3,289
Default Another Will question

Don Aitken wrote:
On Fri, 25 Jan 2008 20:30:06 +0000, 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.

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?

--
Mike

  #7  
Old January 26th 08, 03:55 PM posted to uk.legal.moderated
Don Aitken
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Posts: 1,053
Default Another Will question

On Fri, 25 Jan 2008 23:50:05 +0000, Mike
wrote:

Don Aitken wrote:
On Fri, 25 Jan 2008 20:30:06 +0000, 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.

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?


A "holograph" Will has a special status. I *think* (though don't rely
on this) that it is exempted from the requirement to be witnessed.

--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"

  #8  
Old January 26th 08, 04:05 PM posted to uk.legal.moderated
Pendower
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Posts: 44
Default Another Will question


"Don Aitken" wrote in message
...

A "holograph" Will has a special status. I *think* (though don't rely
on this) that it is exempted from the requirement to be witnessed.

Do many of these exist Don? Thought they had been thought up by John
Grisham in a rattlin' good yarn!

terryw


  #9  
Old January 26th 08, 04:45 PM posted to uk.legal.moderated
Stuart Bronstein
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Posts: 386
Default Another Will question

Don Aitken 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?


A "holograph" Will has a special status. I *think* (though don't
rely on this) that it is exempted from the requirement to be
witnessed.


We have those in California, too. Here, instead of being witnessed it
can be completely in the hand of the testator. I remember one case
where someone wanted to leave a large sum of money to Leland Stanford
Junior University. But instead of writing the entire name, he used a
rubber stamp he happened to have. The university received nothing
because the gift to them wasn't in the testator's hand.

Several years ago I did a probate for someone who had a sizeable amount
of money in an English bank. She had what amounted to a holograph
will, and I was required to submit an affidavit to the English court
that it would be valid under California law, and what its legal effect
would be.

Stu

  #10  
Old January 27th 08, 05:45 PM posted to uk.legal.moderated
Chris R
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Posts: 199
Default Another Will question


"Owain" wrote in message
...
Don Aitken wrote:
A "holograph" Will has a special status. I *think* (though don't rely
on this) that it is exempted from the requirement to be witnessed.


This is (or possibly was) the case

When we're talking about the law in Scotland I suggest we all take care not
to snip the part of the thread that says so - otherwise readers may be
misled.

Chris R




 




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