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  #21  
Old 16-03-17, 21:39
albert73 albert73 is offline
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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  
Old 17-03-17, 11:10
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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.
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  #23  
Old 18-03-17, 04:04
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Chris in Sussex Chris in Sussex is offline
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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?

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  #24  
Old 18-03-17, 18:57
albert73 albert73 is offline
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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  
Old 18-03-17, 19:21
Olde Crone Olde Crone is offline
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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
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  #26  
Old 18-03-17, 19:27
albert73 albert73 is offline
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Quote:
Originally Posted by Olde Crone View Post
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
How odd!!!!!!!!!!!!
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  #27  
Old 18-03-17, 19:57
Olde Crone Olde Crone is offline
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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
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  #28  
Old 18-03-17, 20:09
albert73 albert73 is offline
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Quote:
Originally Posted by Olde Crone View Post
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
Yes. That Will was spiteful and contained malicious content.
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  #29  
Old 18-03-17, 22:28
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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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