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Debra
Debra, Lawyer
Category: Canada Law
Satisfied Customers: 100026
Experience:  Lawyer
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My mother in law passed away recently and there are three wills

Customer Question

my mother in law passed away recently and there are three wills the last is not signed completely can they use the one unsigned, plus should all beneficiarys get a copy of the will
Submitted: 2 years ago.
Category: Canada Law
Expert:  Debra replied 2 years ago.
What do you mean when you say it was not signed completely?
Customer: replied 2 years ago.
the last pages were not signed
Expert:  Debra replied 2 years ago.
Did she sign the very last page?
Were there two witnesses?
Customer: replied 2 years ago.
no she didn't sign the last page there were people in her hospital room an she didn't want to discuss her will in front of them
Expert:  Debra replied 2 years ago.
Were there two witnesses?
Customer: replied 2 years ago.
no to phone call
Customer: replied 2 years ago.
no phone calls thanks
Expert:  Debra replied 2 years ago.
I just need the answer to my question and then I will answer. I don't do phone calls anyway so don't worry about that. My question is whether there were two witnesses that saw her sign the first part of the Will.
Customer: replied 2 years ago.
i am not sure
Expert:  Debra replied 2 years ago.
It doesn't sound to me that the last Will will be considered to be valid. It sounds like she could have signed it but decided not to and so it is most likely that the last Will that was signed and witnessed would be the one the court decides is valid. Yes the beneficiaries will get a copy of the part of the Will that applies to them. The residuary beneficiaries (the ones who get what is left after the specific bequests are given out) get a copy of the full Will. But anyone can get a copy of a Will as soon as there has been an application for probate as then the Will is a matter of public record.

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