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Beneficiary in charge of Will being signed

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  • Beneficiary in charge of Will being signed

    If a Beneficiary arranged for the witnesses and Deceased person to sign the Will does this pose a problem?


    The Beneficiary, who gets a lot out of the estate, is the one holding the Will and she remain in the rooms throughout.

    The witnesses were not together in the same room and one witness says they didn't see the Deceased sign.
    Tags: None

  • #2
    Originally posted by JustAThought View Post
    The witnesses were not together in the same room and one witness says they didn't see the Deceased sign.
    This is the problem. If you can prove this may invalidate the will.

    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3

      Witness now has the questions from solicitor. She's sticking to story about not seeing anyone sign and not even knowing it was a Will.

      Unfortunately, the other witness is the best friend of the Madam in Charge Beneficiary...

      Just wondered if the Beneficiary being in the room and the organiser is a breach of the law.

      Comment


      • #4
        The circumstances described are not of themselves unlawful. It is possible that together with other things they may help paint a picture of undue influence.
        Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

        Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

        Comment

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