Is the Will valid?
Question: Is the Will valid?
The name on the Will is not the full name.
I wonder if you can help with this problem. My best friend died recently, leaving no husband but a 9 year old son, and naming myself and her father as executors. We’ve found 2 wills – the first properly signed and witnessed, but only having her first but not middle name. The second is word for word the same but has her middle name on it, however is not signed. The will company she dealt with have told us that she sent the second one back to them, but they can’t find a copy. Are we correct in thinking that she has unintentionally died intestate and that while her father, as next of kin, can act as executor, I cannot?
I understand (I think) that if all concerned agree, then the terms of her will could be followed, irrespective of whether it was technically correct, but her son is not old enough to make this decision. Can anyone else make this decision on his behalf? Myself and her brother are expecting to be trustees for any inheritance for him until he reaches majority.
Missing out a middle name is untidy but not necessarily disastrous so the first will should be fine, however you may have problems with the banks so it would be better to get the executors to obtain a sworn statement in front of a experts, commissioner of oaths as to the full and correct name being the same person as the person in the Will . If in doubt take it to the Probate Registry for an opinion. You can find the local one on our site