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T.DePas
T.DePas, Attorney
Category: European Law
Satisfied Customers: 459
Experience:  Solicitor - Ph.D. Doctor Europaeus in EU law
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Is it necessary to file for a seqestration hearing first then

Resolved Question:

Is it necessary to file for a seqestration hearing first then file for a hearing to rectify a will as null and void for a will that was done in Italy?
Submitted: 3 years ago.
Category: European Law
Expert:  Fran-mod replied 3 years ago.
Hi, I'm a moderator for this topic. I've been working hard to find a professional to assist you right away, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you. Thank you!
Customer: replied 3 years ago.
I do not mind waiting.Is TD Pas still with just answer?
Expert:  Fran-mod replied 3 years ago.
Hello Lucia,

I will notify TD Pas that your question is awaiting her.
Expert:  T.DePas replied 3 years ago.
Dear customer,

Thank you for contacting JustAnswer again. I apologize for my belated reply but I was out for business in the last few weeks.

The sequestration procedure and the ordinary procedure to obtain a declaration of invalidity of a will are completely independent. There is no preclusion for you to lodge the complaint to rectify the will.

I hope this helps. If you are happy with my service I would be very grateful if could rate my answer positively.

I also remain at your complete disposal should you need any further information.

Best,

Tiziana

T.DePas, Attorney
Category: European Law
Satisfied Customers: 459
Experience: Solicitor - Ph.D. Doctor Europaeus in EU law
T.DePas and 2 other European Law Specialists are ready to help you
Customer: replied 3 years ago.
As I mentioned in my survey,too bad you can't be our lawyer.
This started 6 months ago.
Our lawyer suggested we do the sequestration first then the hearing to make the will null and void.
We had the will analyses by a handwriting expert in Savona who six months ago indicated that after analyzing it that the will was more than likely dictated to her
and that she was influenced to change it.This was told to our lawyer verbally six months ago and then communicated to us by our lawyer 6 months ago.
The hearing result for the sequestration was made the end of April in favor of the other party.
On

We received a letter from the handwriting expert that clearly stated that the will was influenced as part of a bill.

However,our lawyer never submitted such a letter to the judge doing our case.
So needless to say I feel we lost the case because we did not submit such a letter.

So do you think resubmitting a request with this letter would be a good idea
Customer: replied 3 years ago.
On top of it all in her defense she said that the letter came after hearing however
she somehow has forgotten that that information was given to her 6 months ago.

Can we submit it to the judge on our own or do we have to have the lawyer do it.
Expert:  T.DePas replied 3 years ago.

Dear customer,

 

Thank you very much for your appreciation.

 

I am afraid you would not be able to file the letter yourself, nor I could tell you if this is possible at this stage. To be able to say so I should have the whole file in my hands and analyze it.

 

The only thing I could do to help you further at this stage is to suggest you change lawyer or at least to ask for a legal opinion. If you tell me which is the town where the trial is pending i'll try to give you the name of a lawyer (if I know any in that area) or to provide you with the list of the lawyers of the bar of that district.

 

I hope this helps. I would be very grateful if you could rate my answer positively so that I can get compensation for my time.

 

Best,

 

Tiziana

T.DePas, Attorney
Category: European Law
Satisfied Customers: 459
Experience: Solicitor - Ph.D. Doctor Europaeus in EU law
T.DePas and 2 other European Law Specialists are ready to help you

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