… a kind of Legal Column

This is a will that won’t do

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Q   I  AM  writing to you about a Will. The Estate is being handled by a firm of Solicitors in Cork.

She made a will when she was dying and left the house to my brother. He brought the Solicitor to the Hospital to make the Will. She had the money to pay for the funeral and the house was valued at £15,000

I have a copy of the Will and it states that my brother was the only one in the family. So that’s not right. She was dead a few months when £6,000 came out of her job. There was no Will for that money. It should be divided among her brother and sisters. What should I do?

A  YOU do not identify whether the deceased was your mother or your sister as you only refer to her as ‘she’.

In any event from the facts disclosed the Will is Null and Void regardless of what has occurred since. You state that the Will was made in a hospital.

Was she Compus Mentus (of sound mind) at the time? Is it possible that even if she was not, that her condition was so weakened by her impending death that your brother could be held to have exercised undue influence.

They (Cork Solicitors) could only act on the information given by your brother i.e. that he was the only member of the family and that you did not exist. On that count alone the ‘Will’  fails

THE  STAR , Friday January 19, 1990

Written by LegalEagleStar

January 2, 2011 at 2:59 am

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