mitchelstown
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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.testamentary capacity, undue influence, etc
Thank you noproblem for your interest and reply. The state of play at the moment, the witnesses testify that they did not see testatrix make any mark on will and will swear to this, also no solicitor involved. Invalid? would you not agree?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.
This is interesting.the witnesses testify that they did not see testatrix make any mark on will and will swear to this
Doesn't matter whether I agree or not, i'm not a solicitor and don't know the facts or otherwise of the case. Employ a good solicitor if you deem the costs are going to be worth it. Think twice about it would be my advice, then think again.Thank you noproblem for your interest and reply. The state of play at the moment, the witnesses testify that they did not see testatrix make any mark on will and will swear to this, also no solicitor involved. Invalid? would you not agree?
Sorry jaymon. perhaps I did not make myself clear. One of the witnesses has clearly stated that they did not see testatrix sign her Will on a transaction that took place in a Nursing home. They just signed as a witness on the "presumption" that the testatrix had already signed, which was a signature made with mark. No Solicitor involvement.Now, if the people whose names are on the will as witnesses are saying that they never signed the will as witnesses, that’s a serious fraud and I’d be going to the Gardai about it.
Thank you DeeKie for your interest. One of those witnesses when spoken to has indicated that they signed the document on the presumption that the testatrix had signed this before they entered the Nursing home but they did not view any mark made by her. No Solicitor involvement.Signing the will as an indication of its adoption is incredibly important. That’s why the witnesses are incredibly important. If you can get both purported witnesses to swear a clear affidavit that they are not witnesses then that’s a strong position. Is there an older will?
Then that witness has put themselves in a position. They (and the other witness) may well swear up in court and say that they did not witness the signing of the Testatrix’s signature but they will be savaged in cross examination by the Executor’s lawyers in the event of a challenge.Sorry jaymon. perhaps I did not make myself clear. One of the witnesses has clearly stated that they did not see testatrix sign her Will on a transaction that took place in a Nursing home. They just signed as a witness on the "presumption" that the testatrix had already signed, which was a signature made with mark. No Solicitor involvement.
I am not a lawyer jaymon but I believe that they may be seriously advised not to take it to that stage.Then that witness has put themselves in a position. They (and the other witness) may well swear up in court and say that they did not witness the signing of the Testatrix’s signature but they will be savaged in cross examination by the Executor’s lawyers in the event of a challenge.
Read the Succession Act. S.78.Thank you DeeKie for your interest. One of those witnesses when spoken to has indicated that they signed the document on the presumption that the testatrix had signed this before they entered the Nursing home but they did not view any mark made by her. No Solicitor involvement.
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