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Witnessing a will, possible issue

  • 14-01-2018 9:45pm
    #1
    Registered Users, Registered Users 2 Posts: 179 ✭✭


    Hi there,

    I’m looking for advice regarding the witnessing of a will. A relative recently had their will witnessed, it was witnessed by two non beneficiaries, all good so far, the issue is relating to the order in which the witnesses wrote their details. My understanding is that the format is as follows

    Name
    Profession
    Address

    Now, one witness filled in their details as above, however the second witness wrote it in the order name, address, profession. Now my question could that be an issue resulting in the will to fail as in both witnesses not writing their details in the same order? Both witnesses also dated underneath their details, I’m not sure if that also could be an issue?

    Thanking you in advance for any advice on above


Comments

  • Registered Users, Registered Users 2 Posts: 2,345 ✭✭✭NUTLEY BOY


    Legal advice not allowed.

    See this link as to what the Succession Act 1965 says under S.78. http://www.irishstatutebook.ie/eli/1965/act/27/section/78/enacted/en/html#sec78

    As a general observation on principle, I would have thought that if the essential requirements of the act of witnessing have been met there should not be a problem.

    Was this will drafted/executed by a solicitor ? If so, they should sort it out. Alternatively, if this was not executed by a solicitor it shows how careful people need to be if not availing of a solicitor's expertise.


  • Registered Users, Registered Users 2 Posts: 9,554 ✭✭✭Pat Mustard


    I’m looking for advice regarding the witnessing of a will.


    Mod:

    This is a request for advice as to whether a Will has been correctly witnessed, which deals with the validity of a Will. Wills cannot be amended after the death of the testator/testatrix and court applications in this area can be expensive.

    Therefore, not only is this a request for legal advice which is in breach of the forum charter but incorrect answers would have potentially far reaching consequences, in certain cases.

    Please read the forum charter before posting again.

    Also, a solicitor is likely to be able to answer this question with a phone call.

    Thread closed.


This discussion has been closed.
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