Can an authenticated handwritten Will, created before a person’s stroke, trump a notarized one done after that person’s stroke?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an authenticated handwritten Will, created before a person’s stroke, trump a notarized one done after that person’s stroke?

My father bullied my mother into changing her Will after her stroke.

Asked on July 8, 2015 under Estate Planning, Tennessee

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Since your father "bullied" your mother to change her Will, this constitutes undue influrence and would be grounds for invalidating the Will.  Also, the fact that your mother signed that second Will after a stroke, she may not have had testamentary capacity (mental competency) to understand the Will and its ramifications.  Not having testamentary capacity would also be a ground for invalidating the Will.

If the second Will is invalidated, then the first Will is effective.  The first Will which was handwritten, signed and dated is a valid holographic Will.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption