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Buachaill, Barrister
Category: Law
Satisfied Customers: 10974
Experience:  Barrister 17 years experience
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I am the executor of a friend's estate who passed away

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I am the executor of a friend's estate who passed away 2 months ago. His will was written 8 years ago naming me as Executor. I visited him 1 week before he died in hospital and he told me that he wanted me to have the money in the smaller of his two bank accounts. The other would go to his niece and nephew who are beneficiaries in the will as I am. I visited him the following week in hospital but he died when we were with him so I was unable to ask him to sign a letter confirming this. He had Parkinsons disease so writing was difficult anyway but he knew that he would not be coming home. Can I prove this?
Customer: replied 1 year ago.
His niece and nephew stand to inherit the larger of the 2 accounts with a substantial amount of money in it.
Customer: replied 1 year ago.
I was left to deal with his estate and the contents of his apartment which were left to me in full to distribute as I saw fit.
1. I regret to say that in England & Wales, no will, or part of a will, is valid unless it is in writing and witnessed by two witnesses. So, an oral will, as was made here, is worthless. There is no such thing as "proving" an oral will. Such a thing simply doesn't exist in English law. So here, the only will, which can be relied upon, and which can be admitted to probate is the actual written will from eight years ago.
2. The onus was on you to get a solicitor or get two witnesses to witness a fresh will, when your friend stated an intention to leave additional monies to you. As this did not occur, there is now no way in which this oral statement by the deceased can have any effect in law.
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