3 Comments Wills, probate, letters of administration, powers of attorney
Why would the lawyer care?.... Because it's the lawyers job to be as certain as possible that all is above board.... If a professionally prepared valid will is replaced a "few days" prior to her death with a will kit leaving you everything, then the court would want to be pretty certain of her mental state at the time & that there has been no coercion or undue influence... Rightfully so
The Court will appoint some institutional officer such as the Public Advocate or the Public Trustee to determine the state of her mental competence (or incompetence) if necessary. Their scrutiny will be sharp including medical records, staff interviews or questions and so on. Note I've said "if necessary" - your sister could certainly challenge the will, however the ex-husband, if the separation was clear, legal and defined, will be out. The reason your sister could challenge the will is because (a) she has been omitted entirely yet still included as substitute executor (you are institute) which is odd; and (b) she falls within the category of child which means she *can* challenge, whether or not she wins anything is another issue.