blackdatingnet net - Marriage invalidating a will

A will is not valid unless it is signed by the person making the will (the 'testator'), with the signature properly witnessed by at least two people.In addition, a will is not valid if the testator was either acting under undue influence or lacked 'testamentary capacity' when they made the will.

Normally the beneficiaries named in a will are entitled to the bequests made to them.

There are a few special cases: You might contest the will if you were either left out of it altogether or believe you were not given a fair share of the estate.

SAVVY TIP: Paula James, a partner with law firm Thomas Eggar, says that an elderly person who relies on a carer or his/her neighbours can — sometimes — be vulnerable.

“I’ve known cases where someone has been worried that their neighbour or carer will stop coming round if they don’t leave them something in their will.

Broadly speaking, this means they did not understand what they were doing.

For example, it might be possible to dispute a will made by someone who was suffering from dementia.

In Scotland husbands, wives, civil partners and children have ‘legal rights’, which basically means they are entitled to a share in everything you own that’s not land or buildings no matter what is written in the will. There are lots of different situations when someone might challenge a will, but the kind of trigger events can be: – Step families.

Say a parent dies after a short second marriage and leaves everything to his wife, who in turn leaves it all to her children.

SAVVY TIP: These are the rules for England and Wales, in Scotland, ‘legal rights’ – as described above – apply. You would have the right to bring a claim but (in England and Wales) you’d only succeed if you could show that you’d been dependent on your parent financially.

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