The executor thought he was being helpful by writing the mobile numbers of the beneficiaries and the bank account numbers of the deceased accounts in biro on the original will.
Is it advisable or possible to make an application to the Probate Registry to prove a redacted copy of the Will?
Brilliant, you will probably need to apply to prove a Fiat Will. Unfortunately it’ll be a paper application but I’m not sure what form the accompanying documents would now take. It’s been a while since I had to prove a Will in that sort of condition.
Hopefully someone on here has complete that type of application since the changes.
Lyndzey Smissen
Head of Wills, Trusts and Probate
Paytons Solicitors LLP
Thank you for this reply!
The old cases all talk about the ‘probate copy’ of a will, from the days before photocopiers. In those days, the will, complete with signatures, would be copied out by hand, omitting any words that did not form part of the will at execution, or which had been inserted by the drafter per incuriam etc. (The probate copy of John Banks’s will appears on the front cover of Frost, Lawson & Jacoby’s book on Testamentary Capacity - new edition soon please, gentlemen!) In theory, therefore the executor’s additions ought not to be included in the probate copy. What the procedure is for achieving that these days, however, I have no idea!
Alexander Learmonth QC
New Square Chambers