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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Hi, My friend made a new Will before he died correctly showing

Resolved Question:

Hi,
My friend made a new Will before he died correctly showing that he was Male.
He had made two other previous Wills both of which he had revoked.
A family member is questioning the most recent Will.
On examination of the previous Wills the Solicitor has my friend down as a woman as in the "Testatrix"
Is this of relevance?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.

Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

As soon as someone signs a new Will, it automatically revokes any previous Will they have made. Therefore, his previous Wills become irrelevant and the contents of them, and any mistakes made in them.

The fact his previous Wills showed him as a "Testarix" is of course purely a mistake made by the Solicitor, and bears no relevance to his new Will or the subsequent administration of his Estate.

I hope this assists and answers your question.

Kind Regards

AL

Customer: replied 2 years ago.

Hi,

Ok I can see that this is a bit confusing so lets forget the last Will he made and pretend it didn't exist as that is the one they are trying to overturn and so it would revert to the earlier two where both times they have him down as Testatrix.

If a Will stating that a man was in fact a woman was presented would it go through Probate with no trouble; would it be legal?

mark

Expert:  Aston Lawyer replied 2 years ago.

Hi Mark,

Thanks for your reply, and apologies for the delay.

Provided the Will was signed correctly (ie it was signed by him in front of 2 witnesses, who also signed their signatures), then the Will is perefectly valid. The fact the word "Testatrix" had been insrted iuncorrectly by the Solicitor when typing, would not invalidate it.

The Probate Registry may ask for the Solicitor to swear a Declaration that the above was his mistake, but it wouldn't invalidate the Will.

I hope this clarifies the position.

Kind Regards

AL

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