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Thread: Last will and testament

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    Last will and testament

    Where can I post a question regarding the topic?

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    Site Caretaker Dave A's Avatar
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    Seems you succeeded.

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    Gold Member Chrisjan B's Avatar
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    I agree!

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    Hmm, OK.

    A father (family in law) has a written and signed last will and testament in favor of his children. In one occasion he said verbally in front of his lawyer and one child that that child can get a certain property, but nothing of that conversation is in writing. The father also promised some property to the other children, but not in front of the lawyer. Now that one child claims the property and the lawyer is confirming it. The other children is disputing that claim and say it must be divided as in the written will.

    What is the law saying regarding such a case.

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    Email problem KimH's Avatar
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    I'm not a lawyer and couldn't give you a legal angle, however I can tell you from personal experience that when my father passed away a few years ago, my brother raised a dispute with regards to property - after many months of lawyers hashing it out, the end result was that my father's last written wishes were honored.

    My condolences to your family and I hope everything gets resolved - it has been my experience that death, wills and money can bring out the worst in people.
    "If at first you don't succeed, do it like your mother told you."

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    Diamond Member Justloadit's Avatar
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    Quote Originally Posted by KimH View Post
    My condolences to your family and I hope everything gets resolved - it has been my experience that death, wills and money can bring out the worst in people.
    Amen to that, seen it a number off times.
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    Platinum Member sterne.law@gmail.com's Avatar
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    The written will is KING!!!
    Strange that an attorney is "testifying", attorney client privilege?
    Anthony Sterne

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    DISCLAIMER The above is merely a comment in discussion form and an open public arena. It does not constitute a legal opinion or professional advice in any manner or form.

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    Email problem Johann D Landsberg's Avatar
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    i agree, the written will is the only one that will be accepted

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    Email problem lawbinded's Avatar
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    But also remember. If the will does not name the assets in question, those assets will be divided in accordance with the rules of intestate succession. This means those assets will be divided equally among the closest relatives/per stirpes . (Harris v Assumed Administrator, Estate MacGregor)


    Just a thought...

  10. #10
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    The law would honour the father's last written will and not that was verbally agreed upon.
    JamesLast

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