Probate Derby

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 

           Proof of due execution

Proof of due execution and knowledge of contents of will by testator

Where a will is perfect in form on the face of it and there is an attestation clause showing that the statutory requirements have been complied with, probate in common form will issue on the executor’s oath alone. If, however, the will contains no attestation clause, or an insufficient one, or where it appears to the district judge or registrar that there is some doubt about the due execution of the will, he must require an affidavit as to due execution from one or more of the attesting witnesses.
If no such witness is conveniently available an affidavit to the same effect may be furnished by any other person who was present when the will was executed. If no such affidavit of due execution can be obtained the district judge or registrar may accept evidence on affidavit from any person to show that the signature on the will is in the handwriting of the deceased, or as to any other matter which may raise a presumption in favour of due execution of the will. If after considering the evidence the district judge or registrar is satisfied that the will was not duly executed he must refuse probate and mark the will accordingly. If still in doubt he may nevertheless allow the will to be admitted to probate if all those who would be prejudiced by it have been notified of the application and have consented to it. If this is not the case but the evidence is inconclusive the district judge or registrar should refer the matter on an application to the judge.
If the district judge or registrar is satisfied that the distribution of the estate would not be affected even if the will were not admitted to probate (for example, because of the operation of the rules governing distribution on intestacy or under an earlier will) he may admit the will to probate without evidence as to due execution.

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.