#21
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Any Will can be constructed in clarified form so as to prevent assets being used in ways that the Will-maker would not wish to finance either directly or indirectly. I think that a drug addict would experience serious problems when trying to get a Judge to alter the content of a Will.
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#22
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This case demonstrates the need for absolute clarity in drafting a will and getting it witnessed correctly. The lower court need not have awarded the daughter anything at all so she should be grateful for small mercies. There have been several cases on Heir Hunters where a will wasn't drawn correctly or the sole beneficiary has predeceased the testator.
We should be grateful that we don't operate under French law, where every known relative gets a slice of the pie. |
#23
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Doesn't this case suggest that the old way of naming a person in a will and giving them 'a shilling' would acknowledge that they were not forgotten and therefore all the bequests were what the Testator wanted to happen to their estate?
Chris
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Avatar..St Peters Church Thundersley Essex 'Take nothing on its looks, take everything on evidence. There is no better rule' Charles Dickens, Great Expectations. |
#24
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If a person makes and signs a last Will and testament that contains any combination of words indicative of the person concerned being vindictive or malicious then could he or she then be regarded as not being of sound mind? In other words, if it were to be shown to a High Court Judge or Judges that the maker of a Will had published a combination of words indicative of malice afore-thought then would the Court be justified by expressing a view that the document in question had been made by a person of unsound mind?
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#25
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If a will is drawn up by a solicitor, they usually take pains to assure themselves that the person knows what they are doing. You can be as malicious as you like as long as you appear to be sane.
I was executor for someone who left everything to an apparent stranger. The stranger was very dodgy and the police were interested. I was able to assure them that my friend knew what she was doing and that no pressure had been brought to bear. I was also able to produce a copy of the letter from the solicitor who had drawn up her will, which basically set out her reasons for doing such an apparently odd thing. OC |
#26
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Quote:
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#27
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Ah, but not at all odd if you knew the background, as I did and as the solicitor did.
I have several spiteful wills in my family. I call them the " having the last word" wills, where a long held grudge is finally aired. My favourite is my umpty great grandmother leaving everyone loads of money except for the flighty daughter, mother of three illegitimate children by three different fathers: " and to my daughter Mary I leave my bed and mattress as she hath good use for it" OC |
#28
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#29
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I don't see why being vindictive or malicious would be an indication that someone was not of sound mind?
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