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How can I tell if the correct procedure was followed when the Will was executed?

There are a number of technical formalities which any testator must follow in order to execute a valid Will.  These include:

  • The Will must be signed by the testator, in the presence of two other witnesses and then be signed by those witnesses, in the presence of the person making the Will after the testator themselves has signed the document.
  • The person making the Will must be over 18 years of age and have mental capacity.
  • The person must make the Will voluntarily without undue influence and must know and understand what the Will says; and
  • The Will must be in writing

Related FAQs

I’m a landlord. How do I comply with Regulation 36 of the Gas Safety Regulations 1998 during the coronavirus outbreak?

Under their obligations arising from Regulation 36 of the Gas Safety (Installation and Use) Regulations 1998, landlords must service domestic gas appliances on an annual basis and provide tenants with a record of the service within 28 days of that service. Failure to comply can result in prosecution by the Health and Safety Executive (HSE) or downgrading by the Regulator.

We know how important this is. But how can you comply with your obligations during the Covid-19 epidemic?

The latest restrictions on leaving the home, currently allow registered gas engineers to undertake essential work, whilst taking the appropriate precautions advised to avoid spreading or contracting the virus in a new setting.

How do I access the scheme?

Those who are eligible will be contacted directly by HMRC based on tax returns they have received. If you are eligible you will be asked to fill out an online application. HMRC will pay applicants directly.

What support is provided by the government under CBILS?

The Government will provide the lender with a partial guarantee (80%) against the outstanding facility balance, subject to an overall cap per lender. Note, the Government guarantee is to the lender only, the borrower will always remain 100% liable for the debt.

We understand that will make an initial claim for recovery against the borrower and will, once its normal recovery procedures have been completed, claim against the Government guarantee.

Can I still progress with stopping up applications?

We are working with many of our clients to progress with stopping up applications in order to divert/stop up highways and public rights of way affecting development sites. Due to lockdown restrictions the Department for Transport stalled the progress of applications because they were unable to comply with the statutory publicity requirements. We have very recently been contacted by the Department for Transport casework team who have confirmed that the stopping up/diversion applications can now be progressed. We are aware that Councils across the country are also now progressing with applications. Please contact us if you require any advice/assistance in respect of your application.

Who pays?

If a dispute goes to court then the losing party will have to pay both their own and the winning parties’ legal costs.   In other words, if you did not succeed with your claim, you would have to pay the legal costs incurred by the beneficiaries of the estate.  However, if your claim succeeds, the beneficiaries of the estate are likely to have to pay your legal costs, as well as any financial provision which is ordered by the court to come from the estate.

Ward Hadaway can offer a number of options to help to minimise your financial outlay, including acting on a fixed fee basis or a no win no fee arrangement.

We have been offering no win no fee arrangements now for over 20 years.  We know that good legal advice is expensive and  in most cases, if the case is strong, we can work with you to find a way of bringing the claim. Costs will be discussed with you in detail before you have to pay anything.