03-08-2016, 04:13 PM
71
Re: Why are we afraid of writing a WILL
Originally Posted by malcolm
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Don't forget that your witnesses are there to witness (see) you sign the document nothing more, they do not have to be allowed to read the document if you don't want them to.
03-08-2016, 04:44 PM
75
Re: Why are we afraid of writing a WILL
Originally Posted by malcolm
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Yes like the old saying goes'No act of kindness ever goes unpunished'
03-08-2016, 05:27 PM
76
Re: Why are we afraid of writing a WILL
Originally Posted by malcolm
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Don't forget that your witnesses are there to witness (see) you sign the document nothing more ........
In Aus, if a serious dispute arises about the mental capacity of the testator at the time the will is made,
a court may ask witnesses if they were confident that the person was competent and fully understood what they were doing.
This is not rare and certainly medical evidence is given most weight.
But a person with dementia dies in an aged care facility, the 'house doctor' there has only known her for a year or so - but her will was made 5-6 years earlier.
When did the dementia start ? Was she OK at that time ?
Was undue influence asserted by particular relations ?
Witnesses should not merely watch the will signed.
They should also satisfy themselves, as best they can, that the person fully understands the process.
03-08-2016, 05:49 PM
77
Re: Why are we afraid of writing a WILL
Originally Posted by Pumicestone
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Dunno for sure about the UK -but probably the same ....In Aus, if a serious dispute arises about the mental capacity of the testator at the time the will is made,
a court may ask witnesses if they were confident that the person was competent and fully understood what they were doing.
This is not rare and certainly medical evidence is given most weight.
But a person with dementia dies in an aged care facility, the 'house doctor' there has only known her for a year or so - but her will was made 5-6 years earlier.
When did the dementia start ? Was she OK at that time ?
Was undue influence asserted by particular relations ?
Witnesses should not merely watch the will signed.
They should also satisfy themselves, as best they can, that the person fully understands the process.
Nothing else is required from a witness.
03-08-2016, 05:52 PM
78
Re: Why are we afraid of writing a WILL
Originally Posted by malcolm
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Just trying to help....no need for that!
Law, medical, horticultural, technical etc etc
You really are an all round multi talented man.
03-08-2016, 06:45 PM
79
Re: Why are we afraid of writing a WILL
Talented indeed, Carol.Clearly an expert on complex Australian laws related to wills and Estates !
Undoubtedly a QC practicing in this specialised field.
He may even be right - in the UK. I said I was unsure about that.
But I was citing the situation here in Australia.
And I assure you that over the last couple of weeks I have had cause to delve into this field very deeply - with actual legal luminaries !
Let me just pose this question -
IF Mal were asked to witness the signing of a will and it was crystal clear to him that
the person signing was utterly ga-ga and was being stood-over by rellies,
would he happily just witness the signing and expect never to be called to account if the will was later contested in court ?
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