Can an unnotarized statement on a piece of notebook paper legally change a properly written and executed Will?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can an unnotarized statement on a piece of notebook paper legally change a properly written and executed Will?

Wife and husband drew up identical Wills. The wife dies 4 years before husband. Then 2 weeks before husbands death, husband’s son states that his father wanted his sister to get the house. The Will explicitly states that all estate property not designated in the Will is to be sold and divided evenly between the 6 heirs. The son has subsequently stated that he could get sworn affidavits that confirm the son’s statement. Can an affidavit legally change the Will leaving the wife’s wishes completely out of disposing the estate property?

Asked on January 30, 2012 under Estate Planning, Tennessee

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I can not tell her if the husband passed and there was a change in the Will or this is just heresay and a piece of paper. Generally speaking, oral Wills are not allowed unless in extreme circumstances- like war time - and a handwritten piece of paper does not take the place of a properly executed Will. I would speak with an attorney in your state to confirm. Good luck.  


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