Can an authenticated handwritten Will, created before a person’s stroke, trump a notarized one done after that person’s stroke?
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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 8 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.
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