The woman originally made a Will in 1999, stating that she intended to split her estate equally between her two children.
The son claimed the mother made a new Will while she was dying from cancer in hospital. He said that the new Will was witnessed by his mother’s sister and a nurse at the hospital. It excluded the woman’s daughter and left everything to the son.
However, the nurse told the court that she wasn’t allowed to be a witness to the signing of Wills. She said that when she explained this to the son, he had reassured her that she wouldn’t get into trouble. That was why she had signed.
The nurse also said that she didn’t see the mother sign the Will.
The daughter took legal action saying that her brother had simulated their mother’s signature.
The court ruled that the son had misled the nurse. It held that the Will was invalid because the nurse didn’t witness the mother signing the document.
The original Will from 1999 was therefore declared valid. It made reasonable provision for both the daughter and the son.
Please contact Michelle Stopford in our Warminster office on 01985 214444, or Sarah Gratton in Westbury on 01373 865577, or email firstname.lastname@example.org or email@example.com if you would like more information about Wills and probate.