Does anybody know what will happen if a second will is discounted on the grounds it was written under duress or by a person not in full control of their faculties (due to an illness)? Would the law have to refer to an earlier will when the person who wrote it was not suffering due to their health?
Probate
- Thread starter ethan
- Start date
This got me curious, and a quick web search suggests that there's no simple answer. From what I read, if a will is challenged there's a mediation/dispute resolution process. If it goes to court then part or all of the will could be invalidated and some or all of the previous (valid) will would be used. If the whole will is deemed invalid and there's no previous will then intestacy rules would apply.
If this isn't a hypothetical question then see a solicitor promptly.
If this isn't a hypothetical question then see a solicitor promptly.
This is the problem.
The only people who benefit from this sort of conflict are the scumbag lawyers. Everybody else involved losses.
OP, I feel your pain, I am actually in a similar position but am trying to find a resolution that will not involve some bloody lawyer(s) bleeding all the relevant parties dry!
Not wanting to offer advice here, But it would be useful as a first start to see if you can get a letter from your relatives (?) GP on his/her medical opinion as to the relatives (?) legal competance at the time when the, alledged, iffy will was signed.
AIUI, if there is any doubt with older people. The individuals GP is actually supposed to be one of the witnesses for the will to be considered legally valid..
This is the problem.
The only people who benefit from this sort of conflict are the scumbag lawyers. Everybody else involved losses.
OP, I feel your pain, I am actually in a similar position but am trying to find a resolution that will not involve some bloody lawyer(s) bleeding all the relevant parties dry!
Not wanting to offer advice here, But it would be useful as a first start to see if you can get a letter from your relatives (?) GP on his/her medical opinion as to the relatives (?) legal competance at the time when the, alledged, iffy will was signed.
AIUI, if there is any doubt with older people. The individuals GP is actually supposed to be one of the witnesses for the will to be considered legally valid..
The suggestion to see a solicitor was to get professional advice on how to proceed, not to give them a blank cheque. My recent experience of solicitors has been fairly positive in providing support through deputyship and probate processes - I did the bulk of the work and they provided guidance on the process and submitted some of the forms.
p.s. I understand that if there's doubt over someone's capacity to make a will then it should be supported by a statement from a medical practitioner stating that the person making the will understands what they are signing - this is more than just signing as a witness.