Hi,

I'm hoping someone will be able to give me some quick advice on an unusual problem?

My wife's grandfather has recently passed away. He had a will made in 2004, in which he made my wife (his granddaughter) the executor and beneficiary of his entire estate.

At the time of signing, I signed as one of the witnesses (a close friend of the family was the outher witness). I have no gone onto marry his grandaughter.

As we have started looking into obtaining probate, it has become painfully obvious that me being one of the witnesses has invalidated the Will? Would we be correct in thinking this?

If this is the case, does it literally leave us in a situation where there is no Will?

Our granda had two children, one is my wifes mother who has died, he also has a son who he hasn't spoken to in 20 years.

Where does all this leave us? We are obviously getting a solicitor, but if anyone can give me some pointers that may help shed some light I would be very grateful.

When you witnessed the signing of the Will, you were not married or otherwise engaged to the granddaughter, you simply signed the document confirming that you saw the grandfather sign this document. The family friend was also a witness to the signing.

My understanding is that a witness is not eligible to be a beneficiary. And since, at the time, you did not have any vested interest, this Will should still be valid.

If a family member disputes the Will, then probate will be decided by the court.

Yep, exactly that, when it was all signed I was simply "the granddaughter's boyfriend"

Thanks for your reply, I certainly hope it's the case.