Re: Winter 2013/14 - Page 39

The moral of the story is I prepared a Will for an elderly client some years ago now – let’s call her “Mrs X” - and sent her a copy of the completed document for her own records once everything was signed, as is my usual practice. such an attempt would be successful for not) the application would have to be supported by sworn statements from the witnesses concerning the circumstances of the execution, with some further specific statements as well. She died a couple of weeks ago, and I was visited by the surviving Executor to discuss the estate administration. We managed to locate the witnesses, who are themselves older people, and I contacted them to ask if they remembered the events of that date. Sadly, neither of them has any recollection and certainly would not be able to swear as to any of the circumstances. It therefore seems that the Executor will have to prove the original Will, knowing that this leaves legacies to people that Mrs X had decided she did not want to benefit from her estate. The Executor brought in the copy Will I had sent to Mrs X all those years ago and which, to my concern, it appeared Mrs X had decided to alter herself, rather than coming to see me about her required changes. She had struck out the name of the other Executor (who had in fact predeceased Mrs X) both as Executor and beneficiary, and another beneficiary who had also predeceased her was deleted, together with details of four or five other legatees. I know that Mrs X’s financial