Derby probate solicitors

Low cost , £725 fixed price , Derby probate service providing a high quality service .We also charge only £50 to prepare a will and are happy to visit you at home to take instructions on wills or probate.Ring o1332 518135 email gary.dickie@btinternet.com

 

Testimonium and attestation clauses

Although an attestation clause is not required by statute in the case of a will executed in accordance with English law, there is a presumption of due execution if the will contains such a clause. Furthermore, if the will contains no attestation clause, or the clause in the will is insufficient, evidence of due execution is required before probate can be obtained.
It is, therefore, highly desirable that the will should contain an attestation clause, and also a testimonium clause, in a recognised form, indicating that the statutory requirements as to signing and attestation have been complied with. If the testator is illiterate or blind, or if the will has been signed by another person on his behalf, or if for any other reason doubt may arise as to the testator having had knowledge of the contents of the will at the time of execution, the attestation clause should add that the testator had the will read over to him and that he seemed thoroughly to understand it. Where, despite an infirmity, the testator can read, though it might be thought that he would be unable to do so (for example, where he is deaf and dumb), the fact that he read and understood the will should be stated in the attestation clause. Where there are alterations, erasures or interlineations in the will, it is an advantage to mention them in the attestation clause in order to provide evidence that they were made before the execution of the will.
It should be borne in mind that, if a person or his spouse or civil partner acts as an attesting witness, he cannot take any benefit under the will, unless the provisions of the Wills Act 1968 relating to superfluous attestation apply.
Where the date on which the will is executed is not stated at its commencement, it should be stated in the testimonium clause.

We charge only £50 for preparing a will, and £600 for probate of an estate under £300k.

Get in touch with Derby Probate Lawyers by e-mailing gary.dickie@btinternet.com , or ring us on 01332 518135 .

Read more about probate.