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Marking A Will
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Anajinn
Mar 18, 2009, 11:30:07 PM3/18/09
to
I read somewhere on this site about "marking a will" before it goes to
probate. I recently received a copy of a will which was marked in this
way. There are two executors of the will. However, only one executor
signed the will.
The solicitor also signed and there was a third signature, which was
not that of the second executor.
(a) is it legal for ONLY ONE of the executors to sign?
(b) would the third signatory be a witness? Would this really be
required?
I also would like some clarification about why this will was marked at
a different solicitor's office from the one who is administering the
estate. I understand that it is normal practice, but am not sure of the
finer points of the reason and rules behind it.
Does the second solicitor do this (a) when the first solicitor took the
instructions and prepared the will OR (b) when the first solicitor is
administering the will? Under what circumstances must two solicitors
be involved?
--
Anajinn
Don Aitken
Mar 19, 2009, 9:30:18 AM3/19/09
to
I thought I was reasonably well informed about wills and probate, but
I have never heard of any such thing as "marking a will", and can
think of no reason why the executor and/or solicitor should sign a
copy of it, or what difference it would make to anything if they did.
--
Don Aitken
Mail to the From: address is not read.
To email me, substitute "clara.co.uk" for "freeuk.com"
Peter Crosland
Mar 19, 2009, 11:00:16 AM3/19/09
to
>>I read somewhere on this site about "marking a will" before it goes to
>>probate. I recently received a copy of a will which was marked in this
>>way. There are two executors of the will. However, only one executor
>>signed the will.
>>
>>The solicitor also signed and there was a third signature, which was
>>not that of the second executor.
>>
>>(a) is it legal for ONLY ONE of the executors to sign?
>>
>>(b) would the third signatory be a witness? Would this really be
>>required?
>>
>>I also would like some clarification about why this will was marked at
>>a different solicitor's office from the one who is administering the
>>estate. I understand that it is normal practice, but am not sure of the
>>finer points of the reason and rules behind it.
>>
>>Does the second solicitor do this (a) when the first solicitor took the
>>instructions and prepared the will OR (b) when the first solicitor is
>>administering the will? Under what circumstances must two solicitors
>>be involved?
>
> I thought I was reasonably well informed about wills and probate, but
> I have never heard of any such thing as "marking a will", and can
> think of no reason why the executor and/or solicitor should sign a
> copy of it, or what difference it would make to anything if they did.
>>probate. I recently received a copy of a will which was marked in this
>>way. There are two executors of the will. However, only one executor
>>signed the will.
>>
>>The solicitor also signed and there was a third signature, which was
>>not that of the second executor.
>>
>>(a) is it legal for ONLY ONE of the executors to sign?
>>
>>(b) would the third signatory be a witness? Would this really be
>>required?
>>
>>I also would like some clarification about why this will was marked at
>>a different solicitor's office from the one who is administering the
>>estate. I understand that it is normal practice, but am not sure of the
>>finer points of the reason and rules behind it.
>>
>>Does the second solicitor do this (a) when the first solicitor took the
>>instructions and prepared the will OR (b) when the first solicitor is
>>administering the will? Under what circumstances must two solicitors
>>be involved?
>
> I thought I was reasonably well informed about wills and probate, but
> I have never heard of any such thing as "marking a will", and can
> think of no reason why the executor and/or solicitor should sign a
> copy of it, or what difference it would make to anything if they did.
Likewise. AFAIK the only time that the executors sign the original will is
when they swear the oath at the Probate Office. As for another solicitor's
involvement the only thing that occurs to me is if another oath has to be
sworn in front of a Notary Public for some reason connected with estate
assets in which case one may have to go to another solicitor's office to do
so..
Peter Crosland
dick....@gmail.com
Aug 25, 2016, 6:40:32 AM8/25/16
to
UK Rules:
In non-contentious probate then the Executor has to swear an oath that they will administer the estate correctly and in accordance with the will. The Oath has to be sworn in the presence of a solicitor who is independent from the probate process (i.e. not from the same firm of solicitors either). The Executor signs the Oath and the solicitor witnesses that signature. At the same time the Executor and the Solicitor are required to identify the will and exhibit by both of them signing it.
In cases where there are more than one Executor, it is perfectly legal for just one Executor to sign PROVIDED the other Executors have 'reserved their position' and have devolved responsibility to a single Executor. At any point that the reserved Executors feel that the devolved Executor is not acting correctly they can revoke that devolved responsibility and step back into the probate process.
In my case, following the death of my father, there are three Executors, namely my brother, my sister and me. My siblings have devolved responsibility to me because I have the skills and experience to carry out the probate process. I take care to keep them fully informed and copied in on all but the most mundane correspondence.
In non-contentious probate then the Executor has to swear an oath that they will administer the estate correctly and in accordance with the will. The Oath has to be sworn in the presence of a solicitor who is independent from the probate process (i.e. not from the same firm of solicitors either). The Executor signs the Oath and the solicitor witnesses that signature. At the same time the Executor and the Solicitor are required to identify the will and exhibit by both of them signing it.
In cases where there are more than one Executor, it is perfectly legal for just one Executor to sign PROVIDED the other Executors have 'reserved their position' and have devolved responsibility to a single Executor. At any point that the reserved Executors feel that the devolved Executor is not acting correctly they can revoke that devolved responsibility and step back into the probate process.
In my case, following the death of my father, there are three Executors, namely my brother, my sister and me. My siblings have devolved responsibility to me because I have the skills and experience to carry out the probate process. I take care to keep them fully informed and copied in on all but the most mundane correspondence.
RobertL
Aug 30, 2016, 9:51:23 AM8/30/16
to
On Thursday, August 25, 2016 at 11:40:32 AM UTC+1, dick....@gmail.com wrote:
> UK Rules:
> ...The Oath has to be sworn in the presence of a solicitor who is independent from the probate process (i.e. not from the same firm of solicitors either). The Executor signs the Oath and the solicitor witnesses that signature. At the same time the Executor and the Solicitor are required to identify the will and exhibit by both of them signing it.
I'm confused by that statement. When I was executor for my father's will I never involved a solicitor at any stage. AFAIR There was no requirement to swear an oath in front of a solicitor nor to sign the will itself.
Robert
> UK Rules:
> ...The Oath has to be sworn in the presence of a solicitor who is independent from the probate process (i.e. not from the same firm of solicitors either). The Executor signs the Oath and the solicitor witnesses that signature. At the same time the Executor and the Solicitor are required to identify the will and exhibit by both of them signing it.
I'm confused by that statement. When I was executor for my father's will I never involved a solicitor at any stage. AFAIR There was no requirement to swear an oath in front of a solicitor nor to sign the will itself.
Robert
Chris R
Aug 30, 2016, 11:43:25 AM8/30/16
to
--
Chris R
Peter Crosland
Aug 30, 2016, 1:00:54 PM8/30/16
to
the locations or in front of a notary public who is invariably a
solicitor who you have to pay a five pound fee to in cash.
--
Peter Crosland
Reply address is valid
Robert
Aug 30, 2016, 5:08:26 PM8/30/16
to
costs of going to a probate office for me.
I just walked in to a local solicitor's when they opened and swore the
oath straight away, probate office had quite a delay for appointments.
Chris R
Aug 31, 2016, 3:37:32 AM8/31/16
to
--
Chris R
Pelican
Aug 31, 2016, 3:38:27 AM8/31/16
to
On 25/08/2016 20:33, dick....@gmail.com wrote:
> UK Rules: In non-contentious probate then the Executor has to swear
> an oath that they will administer the estate correctly and in
> accordance with the will. The Oath has to be sworn in the presence of
> a solicitor who is independent from the probate process (i.e. not
> from the same firm of solicitors either). The Executor signs the
> Oath and the solicitor witnesses that signature. At the same time the
> Executor and the Solicitor are required to identify the will and
> exhibit by both of them signing it.
>
> In cases where there are more than one Executor, it is perfectly
> legal for just one Executor to sign PROVIDED the other Executors have
> 'reserved their position' and have devolved responsibility to a
> single Executor.
That's not quite correct. They haven't devolved responsibility.
> UK Rules: In non-contentious probate then the Executor has to swear
> an oath that they will administer the estate correctly and in
> accordance with the will. The Oath has to be sworn in the presence of
> a solicitor who is independent from the probate process (i.e. not
> from the same firm of solicitors either). The Executor signs the
> Oath and the solicitor witnesses that signature. At the same time the
> Executor and the Solicitor are required to identify the will and
> exhibit by both of them signing it.
>
> In cases where there are more than one Executor, it is perfectly
> legal for just one Executor to sign PROVIDED the other Executors have
> 'reserved their position' and have devolved responsibility to a
> single Executor.
> At any point that the reserved Executors feel that
> the devolved Executor is not acting correctly they can revoke that
> devolved responsibility and step back into the probate process.
devolved it. They exercise their right to apply for probate.
> In my case, following the death of my father, there are three
> Executors, namely my brother, my sister and me. My siblings have
> devolved responsibility to me because I have the skills and
> experience to carry out the probate process. I take care to keep them
> fully informed and copied in on all but the most mundane
> correspondence.
there are some legal restrictions on what they can do. If they didn't
want to be executors, they are free to renounce.
Robin
Aug 31, 2016, 4:50:17 AM8/31/16
to
solicitor but a Fellow of the Institute of Legal Executives who was
authorised to administer oaths :)
--
Robin
reply-to address is (intended to be) valid
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