Monday, May 10, 2010

A friend terminally ill was forced to change her will 20 days before her death.?

She contacted me three days before the Solicitor called to change her will. Brother in residence at the time. They waited until 20 days before her death, she was on very strong medication. I require information as I intend to take this up..A friend terminally ill was forced to change her will 20 days before her death.?
Are you concerned that you may not be left anything? This will has nothing to do with you.A friend terminally ill was forced to change her will 20 days before her death.?
You say that you intend to take the matter up. Well, first you have to determine if you have any standing to intervene in the matter. Friends are not accorded that kind of standing to contest a will. Unless you have been affected by the change in her will, you have no role to play. Naturally, if in the previous will you had been left something by the deceased and you are going to receive nothing or less after the change, you might have a shot. I notice, also, that you say that ';she was forced';. Well, once a will has been signed, it is not so easy to establish that ';she was forced';. Adian.
If you were the one who was to inherit everything in the previous will, you could have an argument. However, if you are not family and the brother was her only family, then I question why you were the one to inherit in the first place. Not trying to be mean.


Perhaps her brother was taking care of her and giving up his income to stay with her and doing an amazing job and she felt she wanted to reward him. People go through emotional times when they are dying, but I would trust that my dad knew up until his last waking moment what was going on around him. He died of bone cancer but his brained worked fine up until the last 2 days or so.


You might look into it with an attorney, though. Do you have a copy of the precious will? If not, then there could be issues even proving it existed.
I assume you were a beneficiary prior to the change. As you are not a relative, and as I imagine the will named relatives as beneficiaries I think it will be a waste of time, and money, to mount a challenge to the will. You may well be right about coercion, but I would think that a court would generally decide in favour of relatives in a case such as this. Galling I know, but too much money to throw away on legal fees.
It is very difficult to have a will declared invalid by the court. The complainant must present evidence and/or witnesses establishing that the will was signed under duress or mental incompetence. Parties opposed to the complainant's motion will have an opportunity to present their own evidence and witnesses to rebut such allegations. The complainant must be able to prove duress or mental incompetence conclusively to the full satisfaction of the court.





Your first steps in this matter are to retain an attorney and obtain their opinion on the strength of your ';case';.
Try to prove that she was unable to make decisions due to the medication. People have to be considered ';Of strong mind and body'; for a Will to be legal.
I don't see a question.

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