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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 11757
Experience:  30 years as a practising solicitor.
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My question regards Scottish law. I am living apart from my

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my question regards ***** ***** I am living apart from my husband but not legally separated. I found out after his funeral he had died. His friend was with him at home on the day he was admitted to hospital and at home he signed a will naming her a beneficiary to the marital home and she was the sole witness and named executor. He died a day late in hospital from throat cancer. I am suspicious regarding the validity of the will. do I have a case to dispute. He also left nothing to his children of his first marriage or his mother. He left this friend and four other people have never heard of a share in the property. she knew where I was and did not inform me of his death or the funeral arrangements or post any death announcements in any publications.
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: I live and my husband lived in Scotland so its important the answer relates to current Scottish law.
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.

I am a solicitor in Scotland. For how long were you separated from your husband? Why are you suspicious about the will?

Customer: replied 1 year ago.
because my husband was an information security consultant and meticulous about doing his research and paid professionals to do anything that required expertise such as accountancy, I can not imagine him relying on a homemade will to ensure his wishes were met. Also the will makes no provision for the children of his first marriage, his mum or any family member. the will makes no reference to digital property and that was his speciality! we have been separated since 2012. the fact his will was witnessed by someone who was both executor and a beneficiary and this is never recommended would have been something he would have researched if he wanted to do his own will and there is no way he would have left anything to chance. he was a highly intelligent and capable man with a very good knowledge of the law. if he wished to divorce me he could have under two yrs separation rights. given his history of being organised and leaving nothing to chance I find it suspicious that he would hastily make a will with no due diligence to the potential consequences. He had throat cancer and would have drawn up a will with a solicitor long before being so terminally ill and so close to death he was risking lacking capacity.
Customer: replied 1 year ago.
also this "friend" arranged his funeral and told me afterwards it was the instructions in his will but there were no instructions regarding his funeral and I know that he wanted a full masonic burial and that did not happen.
Expert:  JGM replied 1 year ago.

Have you seen the will? As far as you are aware was he able to make the will or do you suspect facility and circumvention? (Undue influence). What history is there with the friend?

Customer: replied 1 year ago.
I think he was too ill to know what he was doing. Regarding the friend, when I found out about his death and after the funeral I went to our former home and put a note through the door requesting that she contact me regarding my husband death. she telephoned me and was abusive and angry. I asked her why she had not informed me and she said the town was a small place and I should have found out. I live 25 miles away and she is aware of this. I met her once when my husband and I were together. We reconciled a couple of times and he told me she was not supportive of this. I found out who her solicitor was through telephoning the bank we both hold accounts with and the solicitor furnished me with the information I have given you. She also told me that as far as she was concerned morally I am entitled to nothing but would receive a third of his estate according to law and that she would fight me tooth and nail if I made a claim against the house although she did not tell me she was a part beneficiary. She said she was the only one around to nurse him and where had I been?. I said how could I be there if you did not tell me and she said she did not because I would have messed with my husbands head. I haven't seen the actual will but her solicitor offered to post me it and I should get it tomorrow. I have also asked to speak to the doctor involved with my husbands care at the hospital and he is calling me tomorrow.
Customer: replied 1 year ago.
I ordered a copy of death certificate and it says primary cause of death squamous cell carcinoma of oropharynx/hypopharynx and secondly alcohol abuse followed by atrial fibrillation; hypertension then peripheral vascular disease,
Expert:  JGM replied 1 year ago.

Thank you. You are doing the right things. When you get the will you can see what date is on it and then ask the doctor whether he thinks your husband would have been able to make the will at that point in his life. That will determine what you do next.

Customer: replied 1 year ago.
I now have the will. It was dated on the first page on 17th July, same day he admitted to hospital.He has left all property/assets to friends and his brother but no other family. The will omits to mention his other property and pension held abroad. the last page of the will is signed and dated numerically by the witness but not dated numerically or in writing by him although he did sign. Will it still be valid? And what happens to omitted assets?
Expert:  JGM replied 1 year ago.

To be valid the will should be signed by him at the foot of each page. The witness signs on the last page and the date and place of signature would typically be on the last page. It doesn't matter who writes in the date. Each individual item of property need not be mentioned as there will be a "residue" clause usually. If the will is valid on the face of it then the next issue is whether he was mentally capable of making the will and that is a question for a doctor who knew of his state of health at the time the will was made. If he wasn't, then the will could be challenged in court. I hope that helps. Please leave a positive rating so that I am credited for my time.

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