PROPER EXECUTION OF WILLS
I recommend that you immediately review your existing will for a number of reasons. It is not uncommon for circumstances to change in one’s life and sometimes these changes negatively affect what has been incorporated into a will.
Birth, death, marriage, divorce, and other issues all might, although not necessarily, change the results of “who gets what” in a will. Remember remarriage voids a will so if a will was executed prior to marriage, unless it was signed “in contemplation of marriage” the will becomes nul and void.
Another important reason to review your will is to be sure your will has an affidavit of execution attached sworn by one of the two witnesses to the will confirming that all three of you signed the will at the same time in each others presence. Far too often I have been given a will to act upon BUT the formalities have been overlooked by the lawyer who prepared it. Don’t let his happen to you.
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Additionally the will should also have a stamp on the back of the signing page known as an “exhibit stamp” which marks the will as exhibit “A” to the affidavit referred to in the paragraph immediately above.
If these two items, the affidavit and exhibits stamp, are not found on your will it is important that you take immediate steps to fix this procedural issue. In short you should return to the lawyer who prepared the will to be sure that these two items are part of the original will. As happens quite often the drafting solicitor retains the original will and provides only a copy to the testator. This is all the more reason why you need to follow up to ensure that there was proper execution of your will.
It is important that you understand that unless there is an affidavit of execution and exhibit stamp with the original will issues may and probably will arise at the time the will is submitted to the estates court for probate (confirmation that the will is the last will of the testator).
