contesting the validity of a Will because of testamentary capacity

mitchelstown

New Member
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2
I am new to this valued forum and will value any opinion/s

I am contesting the validity of a Will because of testamentary capacity, undue influence, etc. The Will in question was not signed by testatrix, just a "scrawl", which cant be identified because the lady in question was so ill. At what stage of this Will challenge does my Solicitor request Affidavit of Attesting witness/s. Should this be included in their Affidavit of Scripts when they submit them?
 

jpd

Registered User
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2,273
Wouldn't a phone call to your solicitor not answer this once and for all, and probably be more accurate than whatever opinion you garner here?
 

Jayom75

Registered User
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190
I agree. Talk to your Solicitor.

An Affidavit of Attesting Witness is a document submitted as part of the Probate application process, if considered necessary.
 

mitchelstown

New Member
Messages
2
Made contact. She holds the opinion no such Affidavit required. I disagree. Testatrix very ill, No medical opinion sought, No clear signature on the document. No Solicitor involved therefore no instructions given. I cant understand under what circumstances the Affidavit of Attesting witness/s are required?
 

Brendan Burgess

Founder
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43,457
If you are setting out on any legal action, but particularly challenging a will, you have a long and difficult road ahead of you.

Your solicitor should be able to explain to you her reasoning. If you don't understand it or accept it, there is a problem.

By all means question your solicitor. But if you don't trust them, then switch solicitor now.

Brendan
 

Jayom75

Registered User
Messages
190
testamentary capacity, undue influence, etc
That’s a lot of legal grounds you’re relying on for your challenge! It sounds to me that you’re also throwing the ‘invalidity owing to improper execution’ ground for good measure.

Lack of testamentary capacity and undue influence are, legally, entirely different things and both require significant amounts of evidence to be successfully proven.

Be very careful how you proceed, for if, for example, you allege undue influence and aren’t successful in proving it in court, the legal costs of the whole action can be levied against you personally.

No doubt your Solicitor will have told you this already.
 

noproblem

Registered User
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2,315
I remember some years ago an older but very able relative was about to make their will. Was taken to the solicitors office by arrangement and duly met with and had a meeting with same solicitor. The solicitor told this person that it would be important to have a Doctors letter on her health before writing up her will.

Relative duly met the Dr and got what was required. I remember being told the letter the Dr gave cost €250.00.

On getting this, the solicitor helped the client to write up their will.

After my relative passed away (2 yrs ago) and the will contents were made known, I asked the solicitor why my relative had to get the letter, even though their health was very good but age was in the 90's. I was told that it was because there were quite a few in the family and it would help if any dispute arose. Thankfully it didn't (not really) and just maybe it didn't happen because of the Dr's letter.
 
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