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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12067
Experience:  30 years as a practising solicitor.
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I was gifted a antique clock from my father who wanted me to

Customer Question

I was gifted a antique clock from my father who wanted me to eventually pass on to my son when he is older. this was written by the witness in his words and signed by all. He wanted the clock to remain in the house, as he thought my eldest sister who lived with him and in charge of his care would be angry and make life difficult for him. we agreed it would be best to leave the clock in his home until he passed away. we wrote this in the letter. it was passed on to his lawyer to retain. In between my sister found out about the clock being gifted and went crazy.
When he passed away two years ago my sister tried to pass a clock that looked similar, but we knew it was not the genuine clock so I refused to accept it. I have a photo of both clocks. She later produced another letter typed and witnessed, stating he was under duress and refuted the writings in the original letter. this was written 1 year later. My father did tell me she made him do this but he didn't want to do this. He was 93 years old blind and very scared of my eldest sister as she lived in the house with him. could you tell me does the second letter overturn the original or have I got more legal clout.
Submitted: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years ago.
Thank you for your question. I am a solicitor in Scotland.
Generally a later letter, dated and witnessed will supersede an earlier one. If you allege undue influence, called facility and circumvention, you would have to go to court to have this declared and the letter reduced so that the earlier one would prevail. You would have to have evidence that your father was perfectly happy and capable to sign th first letter and not so as regards ***** *****
The concern here is that such action would invariably outweigh the value of the clock.
I hope that helps. Please leave a positive rating so that I am credited for my time.