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Can you please tell me if a will written by me and sighted…

Customer Question
Can you please tell...

Can you please tell me if a will written by me and sighted by two outside people but not handed to my solicitor, will this will be held up against and earlier one that the solicitor has

Lawyer's Assistant: Since estate law varies from place to place, can you tell me what state this is in?

I in NSW

Lawyer's Assistant: Has anything been filed or reported?

I did one with our solicitor around three years ago and then circumstances changed and I refused to pay them again to adjust my wishes so I did one online and had two adults witness it. One of the witnesses has a copy and I have asked that in the event of my passing that he hands the will to the solicitor

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I just need to know that my latest wishes can be upheld as the last thing I need to worry about is this

Submitted: 7 months ago.Category: Australia Law
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Answered in 5 minutes by:
11/23/2017
Solicitor: Leon, Solicitor replied 7 months ago
Leon
Leon, Solicitor
Category: Australia Law
Satisfied Customers: 46,702
Experience: BEc Dip Ed, Dip Law (SAB) MTax (UNSW)
Verified

Hi, I am Leon, a NSW Solicitor. I will be assisting you with your question today. I may ask a few questions. I can call you for an extra fee.

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Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

Yes it is a valid will

The witnesses and you have to sign all pages of the will.

It does not matter if it is had written or typed and who drafts it.

Provided you sign it and there are 2 independent witness that witnesses it at the same time that you sign.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 7 months ago
I would prefer to do online if at all possible
Solicitor: Leon, Solicitor replied 7 months ago

I have given you a response. Let me know if you have any further questions.

Regards

Leon

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Customer reply replied 7 months ago
Thank you. One last question a friend has two enduring guardians/power of attorneys, can one or the other request that one party is removed? My moth-in-law years ago nominated her nephew and a neighbour if anything happened to her husband. her husband sadly passed away in june 17 and now she is in a nursing home and not completely with it so descisions are being made but the nephew and other family members have bad feelings about the neighbour and feel that he may have other agendas other than the best interest of my mother-in-law so we are all wondering if there is anything that he can do??
Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

Only the mother in law can change them. If she is not mentally capable of revoking them and making a new one then a court order will be required to change them.

The Attorneys cannot force the other to resign.

So if the mother in law cannot change it then you need to get a court order

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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Customer reply replied 7 months ago
What do you mean by a court order, can the nephew who is the main person make a decision or do we need to apply to the court
Solicitor: Leon, Solicitor replied 7 months ago

Good Morning

I mean you nephew has to apply to NCAT to have the current Power of Attorney and Enduring Guardianship set aside and be appointed as the sole financial manager and Guardian.

The neighbour has to know and will possibly object and so does your mother in law.

Here is the link to NCAT

http://www.ncat.nsw.gov.au/Pages/guardianship/guardianship.aspx

He can file an application if your mother in law has lost mental capacity and does not understand and cannot give instructions.

I hope this makes sense and is of assistance. If you have found my answer to be helpful, please rate me five stars so I can get paid for my services to you. I am happy for you to ask further questions on anything you wish more detail on.

Regards

Leon

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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