This month we will be focusing on an important issue in Estate Planning – elder abuse. As our population ages it is becoming more and more important to protect the interests of older age groups not just physically, but financially and emotionally.
In the case of Ffinch v Combe a Will had been amended after it had been executed by pieces of paper being pasted over certain words.
When applying to the court for a Grant of Probate, the original Will of the deceased person is required in order to identify the executor and the beneficiaries of the Will.
In the case of Re Bolton, a Will was found, however the word ‘cancelled’ had been written across the document. Another, more recent Will, was then found however it had not been signed or witnessed.
Just as you may think crossing something out on your Will revokes it, you may think that simply writing and adding something to your Will makes it valid.
It may seem unnecessary and unfair that the court requires such stringent processes to be undertaken for you to add something to your Will.