I am trying to prove an undated Will. It has the year but the day and month was never filled in by the testator.
I have contacted the only surviving witness, who vaguely remembers witnessing a Will of the deceased but cannot give even a vague answer as to when the Will was signed. The year on the Will is 2010 and the surviving witness cannot definitively confirm it was that year. On advice from someone on the Probate helpline I even asked her if she could perhaps remember a world event that happened around that time or perhaps two events it was definitely between. The witness could not give any of this.
I explain this in making an application for Probate, but I have had the Prob Reg come back and ask for an Affidavit of Due Execution. I understand this is generally needed but the witness cannot swear to something they do not remember.
Any help as to what the Probate Registry might want to prove the Will would be much appreciated
I had a similar situation on a case I dealt with. The attesting witness signed a very simple affidavit of due execution saying what he could remember - i.e that he witnesses a will believed to be in or around (date)
The executor also signed a statement in support in my case the following terms ( amend to fit your situation). The Grant in my case was issued.
'I make this statement pursuant to my application to [Probate Registry] for a Grant of Probate in the estate of …
I am the executor named in the last will and testament of… dated ………… being now produced to me and marked ‘A’ (‘the Will’) …………………………….
Referring to the fact that the sole surviving witness to the Will, [name of attesting witness] cannot recall the circumstances or date the Will was executed I ( or agents on my behalf), I have made all possible searches and enquiries for any other will including a Certainty Will search, a thorough search of the deceased’s home and of all places where he usually kept important papers or valuables, but have been unable to discover any other will, codicil or testamentary paper whatever except the Will.
I know of no other person, such as a solicitor or bank manager, who might have kept papers for the deceased. Enquires have been made of all financial institutions where [name of deceased] held accounts and investments.
I verily believe the deceased died without having left any will, codicil, or testamentary paper whatever, other than the [undated] Will mentioned above.
Statement of Truth’