Will not signed

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Discussion

Cardinal Hips

323 posts

73 months

Thursday 24th January 2019
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RogerDodger said:
Stories from a womans' prison are "interesting"
New topic please. biggrin

Also, fk signing that yourself.

W124Bob

1,749 posts

176 months

Thursday 24th January 2019
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Might it be simpler (cheaper) to inherit this yourself as only next of kin, and gift amounts to your children as they need it. My understanding is that as long as you live for 7 years or more then there are no tax implications , but I'm no expert. My FiL has just died and although he left a very simple will there a lot of accounts ISA etc, thanfully my MiL who's 94 has enough money of her own to see things through but we are expecting a £8-10k bill from the solicitor.Ouch.

Pro Bono

597 posts

78 months

Thursday 24th January 2019
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ColinM50 said:
When my mum died, we found her will hadn't been signed. Uncle who was executor pointed this out to me and handed me the will and a pen. Found a copy of mum's signature and all of a sudden realised mum's will had been signed after all.yes.
This is a serious criminal offence. And the two `witnesses' to the forged signature have also committed a criminal offence.

People are frequently sent to jail for forging a Will - https://www.bbc.co.uk/news/uk-england-tees-3117368...

It's extremely stupid to make such a confession on a public forum entitled `Speed, Plod & the Law" which is clearly read by police officers. It really isn't difficult for them to find out your identity, so get ready for a knock on the door.

Pro Bono

597 posts

78 months

Thursday 24th January 2019
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paulwd said:
As the title suggests . My brother died at the weekend and I have found his will ( which he made at the same time as myself and my wife) The problem being he had not signed it . So I assume in the eyes of the law it is no more than a piece of paper. He was my full brother, there are no other siblings, our parents are deceased, he wasn't and never had been married or been in a civil partnership and has no children.
His will that was written by a will writing service( I assume the legal wording is correct) and states that his sole beneficiaries were to be my 2 children (now Adults)
I f I understand the laws of inheritance I would be the sole beneficiary, however I want my children to inherit his estate directly.
Thats the back story my question is does anybody have any experience of this and is it possible for the courts to implement his desires without a signed copy of the will.
An unsigned Will has no legal effect at all.

My first thought was that it might have been just a draft, but you've eliminated that possibility.

You do need to check that he hadn't already made a Will with someone other than the Will writing company, but if there's no evidence that he did then the Intestacy Rules kick in to decide who inherits.

In the circumstances you describe you would, as his only brother, inherit the whole estate.

However, if you would rather it was inherited by your children you can do a Deed of Variation, which, in effect, writes a Will retrospectively leaving the estate to be divided between them. It's fairly simple, and would typically cost a few hundred quid if you use a solicitor. Bear in mind that there's a time limit of two years from the date of death.

The alternative would be just to take the inheritance and then dole out gifts to your children on an ad hoc basis. However, if you were to die within 7 years of making the gifts they would be potentially liable to Inheritance Tax. Consequently, if your estate is likely to be liable to Inheritance Tax a DoV is probably more sensible.

Derek Smith

45,703 posts

249 months

Thursday 24th January 2019
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Cardinal Hips said:
RogerDodger said:
Stories from a womans' prison are "interesting"
New topic please. biggrin
Almost as soon as I crossed the threshold of the CID office, I was told I was lucky enough to get an away day to a woman's prison for a statement. It would be a nice day out, with a meal after the statement.

If anyone can eat after the dreadful sight and situation at the prison, they've got either a stronger stomach or poorer eyesight than me.

Not suitable for a thread.


Cardinal Hips

323 posts

73 months

Friday 25th January 2019
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Derek Smith said:
Not suitable for a thread.
Erm, I think you find it is, I've most likely read a lot worse on here. There have been plenty of eye opening prison threads, some of them about places abroad.

Did you think I meant start a new thread for all the stories of inmates naked in their bunks spending all day, every day muffing each other out? I want an insight in to the other cheek of the same arse, plenty out there on male pop prisons. Anyway, new thread time as this is OT. The stories are best from the view of an inmate imo anyway, not a tourist. So Nvm.

Ruskie

3,990 posts

201 months

Friday 25th January 2019
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Pro Bono said:
ColinM50 said:
When my mum died, we found her will hadn't been signed. Uncle who was executor pointed this out to me and handed me the will and a pen. Found a copy of mum's signature and all of a sudden realised mum's will had been signed after all.yes.
This is a serious criminal offence. And the two `witnesses' to the forged signature have also committed a criminal offence.

People are frequently sent to jail for forging a Will - https://www.bbc.co.uk/news/uk-england-tees-3117368...

It's extremely stupid to make such a confession on a public forum entitled `Speed, Plod & the Law" which is clearly read by police officers. It really isn't difficult for them to find out your identity, so get ready for a knock on the door.
I burst out laughing at ‘so get ready for a knock on the door’.

“Sarge I know we have multiple burglaries, car thefts and assaults to deal with but this bloke on the internet potentially made an outrageous admission of a crime. I’m off to knock on his door.”

anonymous-user

55 months

Friday 25th January 2019
quotequote all
Ruskie said:
Pro Bono said:
ColinM50 said:
When my mum died, we found her will hadn't been signed. Uncle who was executor pointed this out to me and handed me the will and a pen. Found a copy of mum's signature and all of a sudden realised mum's will had been signed after all.yes.
This is a serious criminal offence. And the two `witnesses' to the forged signature have also committed a criminal offence.

People are frequently sent to jail for forging a Will - https://www.bbc.co.uk/news/uk-england-tees-3117368...

It's extremely stupid to make such a confession on a public forum entitled `Speed, Plod & the Law" which is clearly read by police officers. It really isn't difficult for them to find out your identity, so get ready for a knock on the door.
I burst out laughing at ‘so get ready for a knock on the door’.

“Sarge I know we have multiple burglaries, car thefts and assaults to deal with but this bloke on the internet potentially made an outrageous admission of a crime. I’m off to knock on his door.”
biglaughbiglaughbiglaughbiglaughbiglaugh

Buster73

5,066 posts

154 months

Friday 25th January 2019
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Elliot2000 said:
I’m not sure putting this post on a public forum is the best thing to do ??
I agree , it narrows it down to about 1 in 66 million now

thepeoplespal

1,627 posts

278 months

Saturday 26th January 2019
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You'd be surprised what the sleuths on here can find out. My missus does the Secret Santa on here every year and keeping everything legit the stuff she finds out about the PHer they get allocated to is quite frightening.

Looking at a quick Google search it looks like a deed of variation is also applicable to Intestacy, so as the only beneficiary is the OP if he agrees with himself, he can change the will to suit what the unsigned will says or to what he wants it to be. So no need to break any laws.

BobSaunders

3,033 posts

156 months

Saturday 26th January 2019
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Buster73 said:
Elliot2000 said:
I’m not sure putting this post on a public forum is the best thing to do ??
I agree , it narrows it down to about 1 in 66 million now
Indeed one in 66million. His contact details, email address, website, telephone number, postal address etc. are all freely available via google.