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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11564
Experience:  30 years as a practising solicitor.
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My friend asked me to do power of attorney and then

Resolved Question:

My friend asked me to do power of attorney for her and then went off to draw up her will with her solicitor. Before she could complete the process she collapsed and due to her medical condition it is unlikely that her will can be validated.
I want to ensure that her wishes (ie the instructions she has already given to the solicitor) are fulfilled but clearly there are obstacles.
Can you advise - in Scots law - if there is a way to get the will validated in court?
Thanks
Malcolm
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question.
Would your friend be able to understand the will if it was read to her?
Customer: replied 2 years ago.

Her solicitor did go to hospital to continue/complete

(?) the process but I understand that the medical team stopped it due to her condition. Communication with her is extremely difficult now and limited to perhaps one or two words per visit. However I do believe that she is understanding all that is said.

Expert:  JGM replied 2 years ago.
Thank you for your response. If your friend understands the will but is simply unable to sign her name, then the well can be signed by way of a notarial execution. That means that it is ready over to her and the solicitor signs in her place.
On the other hand if she is unable to understand the document the will cannot be made and the court cannot make up the will for her.
If there is an earlier will that will take effect. If there is none her estate will be determined by the law of intestacy unless all the beneficiaries agree to a variation of that.
Customer: replied 2 years ago.

OK thanks. Well it seems that the will is not complete and therefore is not valid. However I believe that all of her wishes and instructions are detailed in that document yet as far as I can see that in these circumstances that information will be ignored in the event of her death. Is any way that the existing non-valid will can be honoured by a court?

Expert:  JGM replied 2 years ago.
No, there is no will in existence if it isn't executed.
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