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Probate and Will, Trust & Estate Disputes

Proving a 60 year old handwritten will

We have recently assisted the sole surviving residuary beneficiary named in a homemade will drafted more than 60 years ago, advising on the modern interpretation of its terms, identifying and preparing the evidence required for the application to the Probate Registry and thereafter administering the estate generally.

Due to the passage of time the executors and every other beneficiary named in the will had died. Further, additional paragraphs and legacies had been added to the will some years after its execution and, because it was not professionally drafted, the will did not specify what should happen to the shares of the deceased beneficiaries, leading to a partial intestacy.

Using our experience and knowledge we were able to analyse and interpret the terms of the will and advise the surviving beneficiary on which parts of the will were valid and which had not been legally executed under the Wills Act 1837. Having established both the meaning of its terms and its scope, we were able to gather the necessary evidence and draft the probate application for the Probate Registry. The application was successful and, following receipt of the letters of administration with will annexed, we were able to administer the estate and work with a genealogist to identify the beneficiaries of the part of the estate which passed outside of the will under the Intestacy Rules.

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