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A Question of Wills

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Cazzy66 View Drop Down
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Joined: 16/March/2014
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  Quote Cazzy66 Quote  Post ReplyReply Direct Link To This Post Topic: A Question of Wills
    Posted: 16/March/2014 at 11:39
Hi There! Couls someone please advise me on the legal situation of an unsigned and unwitnessed Will after a death, and pending completion in a Lawyer's office. Would the new Will be valid, or would a previous Will take priority? Thank you in anticipation.

goingbonkers View Drop Down
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  Quote goingbonkers Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2014 at 13:40
The courts have become more flexible in regard so this sort of situation.
But it would need to be approved by the supreme court.
Having said that the chances are slim. It would depend on things like.
1) How different was it from the previous will.
2) Were those changes for a logical reason (beneficiary dying, asset sold etc)
3) The state where the will probate would be granted and the inclination of the judge.
3) Any family provision claim potential.
4) The lawyers explanation as to why it didn't get signed.
5) The disposition of the beneficiaries of the "valid" will.

etc etc etc


Edited by goingbonkers - 16/March/2014 at 13:42
The judge will likely ignore your Will, and give your savings to whoever they think should have it'http://changefpa.com.au

Cazzy66 View Drop Down
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  Quote Cazzy66 Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2014 at 14:20
Thank you for your speedy reply, it was most helpful! Good news that the chances are slim of the recent unsigned Will being accepted as valid, this is what we were hoping! Would a recent de facto partner be able to contest the previous Will, and if so what would be the likelihood of this being successful, please? Thank you again!

Cazzy66 View Drop Down
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  Quote Cazzy66 Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2014 at 14:29
The situation has changed in as much as the deceased has divorced and formed a de facto relationship between the two Wills. The original Will protects family property rights. The second Will remained unsigned despite repeatedly reminders from the lawyers that this needed completing.

shazzie View Drop Down
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  Quote shazzie Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2014 at 15:58
hi,
we had a similar problem my dad wrote a will in his home before he passed away, he also had a will through a lawyer but it was done in the 60's and never updated and all his children were not born then plus mum and dad later divorced and others mentioned had passed away, that will was found to be null and void the one he wrote at home went through the courts and was also found to not be valid so no will at all

Cazzy66 View Drop Down
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  Quote Cazzy66 Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2014 at 16:56
Hi Shazzy,

Thank you for sharing. Oh Wow ... We're hoping that this doesn't happen in this instance. The de facto (who's a quarter owner in a property shared with the deceased) is currently being difficult out of greed aimed at gettng more out of settlement than her agreed share and refusing to sign the settlement papers so that all can go thru to probate so the property can be sold and the proceeds equally shared between the four of them. If her holding out enables her get more of the estate the deceased's 21 yr old only son will have to settle for less than his share, so we're hoping if the unsigned Will proves to be invalid that all can come to completion in fairness to all, and that ongoing mortgage payments (currently being met by the deceased's elderly mother) can conclude finally. It's hard to know how best to approach settling this situation!

goingbonkers View Drop Down
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  Quote goingbonkers Quote  Post ReplyReply Direct Link To This Post Posted: 16/March/2014 at 20:05
Who is the executor?
There are two separate issues here,
1) The property held as tenants in common (I assume) where she holds 1/4 and the estate holds 3/4.
2) Is the distribution under the first will.

I assume the first will leaves everything to the children equally.
Yes a de-facto can contest any will or if intestate.
The judge will likely ignore your Will, and give your savings to whoever they think should have it'http://changefpa.com.au

Cazzy66 View Drop Down
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  Quote Cazzy66 Quote  Post ReplyReply Direct Link To This Post Posted: 17/March/2014 at 11:45
Thank you so much for all the sound advice everyone, we've found it really helpful! This is a wonderful site, I've been reading thru all the other legal posts out of interest, and have found all the advice offered extremely vauable. Keep up the good work ... I will continue to read with interest!      hehehe xxx

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