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When covid obstructs deathbed wills

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  • When covid obstructs deathbed wills

    George divorced wife Celine when he retired. She remained in the marital home: their children Dee and Dum are now both around 30. George then lived intermittently in China where he married Chinese national Tigerlily. They made a home together in Tigerlily's apartment. George inherited his mother's house, which he rented out while was in China, before making a home there with Tigerlily. Tigerlily returned to China where she sold her apartment, bought a house, and spent time making a home in expectation of living there permanently with George. George did not share these expectations and remained in his old house, son Dum living with him, when a short period of illness overtook him. He died withing a month. When he became aware that his marriage to Tigerlily invalidated his existing will, another will was drafted leaving his estate to Dee and Dum, with a specific bequest for Togerlily. This was taken to hospital but an outbreak of covid on the ward meant it could not be signed and witnessed on the spot. It was sined at some point (George was transferred to another hospital during his last week or so). It appears that there is a witness signature, but there is a question over whether this is valid. Text messages make it very clear that a) the will reflects George's wishes, b) he was of sound mind and c) he was not coerced. Tigerlily, whose English is not good, returned for the funeral after 13 months away and is living in their home. is questioning the will, apparently on the grounds that under Chinese law she would be entitled to half George's estate. She is being advised by a Chinese-speaking friend and her English husband who seem to believe that she is being cheated out of her entitlement. They have consulted a solicitor who advises her to change the locks and lock Dum out.

    Any advice or guidance would be welcome!
    Tags: None

  • #2


    What is the concern over the validity of the will? Either witnessed (possibly remotely) or not by two people

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    • #3
      Originally posted by des8 View Post


      What is the concern over the validity of the will? Either witnessed (possibly remotely) or not by two people
      I'm sure there is only one witness, and there is doubt whether the witness actually witnessed him signing

      Comment


      • #4
        Section 9 of the Wills Act 1837 sets out the requirements for a will to be valid.
        It mandates basically that the will is signed by the testator in the presence of TWO witnesses who also sign.
        Unlikely that a will without two witnesses will be declared valid

        If Covid caused a problem the rules were amended to allow remote witnessing of the will between 31 January 2020 and 31 January 2022, which allowed witnessing the signing via a real time video link

        From your account it appears that George passed intestate, so his estate will be dealt with according to the rules of intestacy (https://www.gov.uk/inherits-someone-dies-without-will) unless a variation is agreed by any affected beneficiaries

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