He did not sign his proper full name, just his Christian name.
We had all looked at the will several times and not noticed he had not signed it correctly.
Nobody picked up on it until she informed us that the will was invalid and that she had to apply for Grant of Administration to be able to close his accounts. So the will is irrelevant to a certain degree as it was invalid and he died intestate although his wishes are clearly stated in the will. As a family we were also well aware of his wishes for several years before he died. Her loan took a fair portion of his estate.
After his death she maintained that he gifted her the loan a year before. We said that his mental powers were failing in the 18 months leading to his death and that knowing Dad he would wish us all to share. She responded by demanding medical evidence which she knew was not available.
She told us that in order to obtain Grant of Administration she had to list all gifts and that a lawyer had advised her to obtain medical evidence as to his mental capacity. This she requested from us but obviously as he was never properly diagnosed no evidence was available.
I need to know how a gift is handled with regard to a Grant of Administration. I did not think it would be necessary to present medical evidence to prove a gift. Surely when applying for the Grant gifts for the last 6(?) years are just listed, they do not have to be proved as such.
We are not looking to take her to court preferring mediation but we need to repudiate her insistence that medical evidence was needed in order for her loan not to be listed in the Grant as a gift.
Actually he noted on his original will a loan she had repaid before so a pattern was set and, yes, she did need the loan for financial reasons. Obviously there is more to this than I can put here like all family matters.
But what I am really trying to find out and would like your opinion on, please, is if when gifts are listed on whatever form in applying for a Grant of Administration that is all you do, just list them, you do not need to supply supporting evidence for or against. Would it be requested by the official body who issues the Grant?