Seeking Advice on Witnessing a Will Under Challenging Circumstances

[Guest]

Hello, Legal Beagles Community,

I find myself in a situation that has left me with several questions and concerns regarding the witnessing of a will, and I'm hoping to gain some insights or advice from this knowledgeable community.

Recently, I was asked to witness the signing of a will of a person who was in the hospital and in the final stages of cancer. Due to her condition, she was unable to sign the document in the traditional manner and instead used her thumbprint as her signature. I observed that she struggled significantly with this process, to the extent that at one moment, I instinctively tried to assist her by guiding her inked thumb to the page. This was met with swift intervention

Given her condition, it's my concern that she may not have fully understood the contents of the will or been in a proper state to make such decisions. Moreover, since she couldn't sign the document herself and required assistance just to leave a thumbprint, I'm worried about the legal implications of my role as a witness and the overall validity of the will.

I'm seeking advice on the following points:
1. Given the circumstances, is there a potential that the will could be contested based on the testator's capacity or the manner in which the will was executed?
2. As a witness, what are my responsibilities and potential liabilities, if any, especially considering my attempt to assist with the thumbprint?
3. Are there any steps I should now take to document this situation or protect myself legally?
4. Can anyone recommend resources or services where I might obtain free legal advice to further discuss these concerns in detail?

I appreciate any guidance or insights you can provide. It's a situation I've never encountered before, and I want to ensure I approach it with the appropriate sensitivity and due diligence.

Thank you in advance for your time and assistance.

[atticus]

My advice would be to try to find out the identity of the lady's solicitor and to write to that solicitor with your concerns.

[Guest]

Thank you for your advice. I have no idea whatsoever who her solicitor was at the time and have no way of finding out. What other course of action can be pursued?

[Pezza54]

A testator can "sign" a will with a thumbprint provided their intention was clear and they were aware of the contents of their will.
This was decided in a court case in October last year.
A witness has no further legal responsibility after signing the will. If the validity of a will is challenged the witness must be prepared to become involved

[atticus]

I can think of numerous ways the OP might ask the son.

[Pezza54]

OP did say they were asked to witness the signing of the will by their colleague's mother who was in hospital at the time.
OP must have been visiting or received a phone call from the mother and should have been able to check her intentions and assess whether she had the mental capacity to understand what she was going to sign

[Guest]

Actually, the mother was never in a position to call anyone when she was in hospital and the will was drawn up literally a few days before she passed on. I never spoke or met the mother prior to going in to hospital to witness the will. I am no longer in touch with any of the family members.

[Pezza54]

Sorry I misunderstood the 1st sentence of the 3rd para in your thread.

So your colleague asked you to witness the will on behalf of his or her mother

Who was the second witness? Have you spoken to them?

You should wait to see if the will is challenged. It might never happen

[Guest]

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[Pezza54]

But you may have stopped her worrying about the her will in her last few days. Look at it that way

[Guest]

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[Pezza54]

If you signed the will as a witness at the time it is a bit late to do anything now. If the beneficiaries are all happy with their inheritance how do you think they are going to respond if you challenge the validity of the will

[Guest]

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[atticus]

The possibilities are endless