Derby Probate


Derby Probate

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

            Defect in a will

A solicitor is normally found negligent if a formal defect in a will renders it ineffective. One defect is to fail to recognise that the witness is, or may be, the spouse of a beneficiary.

In Ross v Caunters, the defendants sent the will they had prepared to the testator for execution. They failed to warn him that it should not be witnessed by the spouse of a beneficiary, and they failed to notice when the will was returned to them that one of the witnesses was the husband of the claimant, who was one of the beneficiaries.

In Marley v Rawlings , the solicitor supervising the execution of the will failed to notice that a husband and wife had each signed the will intended for the other. The mistake was not discovered until the death of the surviving husband. The will was held to be invalid.

A person may sign a will on behalf of a testator. In Barrett v Bem , Vos J held that a beneficiary who signed on behalf of the testator does not lose his entitlement under the will. However, in such a case there will be an enquiry as to whether the testator knew and approved the contents of the will. It is obviously preferable for the person signing on behalf of the testator to be independent. A solicitor who permitted signature by a beneficiary might well face an order for the costs of proving knowledge and approval.

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 , or ring us on 01332 518135 .

Read more about probate.

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