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Witnessing a Will

By | Wills | No Comments

Arguably the most essential step when making a Will is the attestation of the Will itself, as all Wills must be signed and witnessed for them to be valid. Along with the testator signing the Will, their signature must be witnessed by two independent people. This means that the witnesses must not be a beneficiary, or the spouse/civil partner a beneficiary of the Will. If a beneficiary, or their spouse/civil partner witnesses the Will and the testator subsequently passes away before the error is rectified, the legacy made to that beneficiary will be declared void, rather than invalidating the Will entirely. If, however only one person has acted as a witness to the Will, then the Will would be invalid as section 9 of the Wills Act 1837, states that two or more witnesses must be used. It is not a legal requirement that a Will should be dated for…

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Signing a Lasting Power of Attorney

By | LPA | No Comments

Signing a Lasting Power of Attorney In order for a Lasting Power of Attorney to be completed correctly it must be signed and dated in a certain order, with any deviation risking it being returned from the Office of the Public Guardian unregistered. As the Office of the Public Guardian can take up to 16 weeks to register a Lasting Power of Attorney, following these steps will help keep the waiting time to a minimum. Section 5—Life-sustaining treatment Only applicable to Health and Welfare Lasting Powers of Attorney. This page must be signed, dated and witnessed at the same time as Section 9 (detailed below). It should be noted that only one box needs to be signed. Any errors on this page will result in Option B (not giving authority for life-sustaining treatment) being the default. Section 9—Signature: donor This page, and any appropriate continuation sheets, must be signed and…

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