The
moral
of the story is
I prepared a Will for an elderly client
some years ago now – let’s call her
“Mrs X” - and sent her a copy of the
completed document for her own records
once everything was signed, as is my
usual practice.
such an attempt would be successful
for not) the application would have to be
supported by sworn statements from the
witnesses concerning the circumstances
of the execution, with some further
specific statements as well.
She died a couple of weeks ago, and I
was visited by the surviving Executor to
discuss the estate administration.
We managed to locate the witnesses,
who are themselves older people,
and I contacted them to ask if they
remembered the events of that
date. Sadly, neither of them has any
recollection and certainly would not
be able to swear as to any of the
circumstances. It therefore seems
that the Executor will have to prove the
original Will, knowing that this leaves
legacies to people that Mrs X had
decided she did not want to benefit from
her estate.
The Executor brought in the copy Will
I had sent to Mrs X all those years ago
and which, to my concern, it appeared
Mrs X had decided to alter herself,
rather than coming to see me about her
required changes. She had struck out
the name of the other Executor (who
had in fact predeceased Mrs X) both as
Executor and beneficiary, and another
beneficiary who had also predeceased
her was deleted, together with details
of four or five other legatees. I know
that Mrs X’s financial