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A will was left by my step mother in brisbane with a lawyer…

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A will was left by...
A will was left by my step mother in brisbane with a lawyer and an accountant as trustees. Is it legal for one of the trustees and his partner witness the will? She died aged 87 and we wonder if she was coerced into writing a new will aged 85
Submitted: 8 years ago.Category: Australia Law
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Answered in 1 hour by:
6/22/2010
Solicitor: Peter G., Solicitor replied 8 years ago
Peter G.
Peter G., Solicitor
Category: Australia Law
Satisfied Customers: 767
Experience: Law degree from the University of Melbourne 1978, with thirty years of practice experience.
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"with a lawyer and an accountant as trustees. Is it" - I don't understand this - are saying that these two people were appointed as executors and trustees of the Will? That this is a clause in the Will?
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Customer reply replied 8 years ago

the will starts with

I appoint ............. and ........... as executors and trustees of this my will and declare that expression "my trustee" shall mean the otiginal or survivor of them

It is the second clause of the will

The first person named is a lawyer and the second person named is an accountant

Solicitor: Peter G., Solicitor replied 8 years ago
Just let me have a look at this. In the meantime, was she of sound mind at the time she signed the Will? Did she have testamentary capacity?
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Solicitor: Peter G., Solicitor replied 8 years ago
Please also tell me if anything was left in the Will to these two persons?
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Customer reply replied 8 years ago

Three of my 4 children where left jewellery and the residue of the estate was left to her caregiver and her husband She moved back to Australia after my father died

 

Solicitor: Peter G., Solicitor replied 8 years ago
The fact that the trustees signed the Will will not invalidate the Will.

/// If your step mother didn't have the necessary capacity to sign the Will, that will invalidate the Will, but strict proofs would be required. If she was coerced with could also invalidate the Will, but, again, strict proofs would be required. //// It might be possible to explore challenging the Will; I don't know how much is involved.

I think this probably answers your questions, but if there is anything else please come back to me, I am happy to address any further concerns.
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