How Valid Are the Last-Minute Changes to Moira Rose’s Will?

Question from A, How Valid Are the Last-Minute Changes to Moira Rose’s Will?

Answer from AI:

When considering the validity of bequests in a will and any last-minute changes made verbally, it’s important to understand the legal framework governing wills and testaments, particularly in the UK. This explanation will cover the general rules and exceptions related to will amendments and verbal declarations.

Understanding the Original Bequests in Moira’s Will

Moira Rose’s will includes several specific bequests and instructions:

• A handbag to Jocelyn Schitt and the rest of her handbags to Twyla Sands.
• The country residence ‘Rosemoor’ held in trust for aspiring actors.
• £500,000 to Johnny Rose with the wish that it benefits their children, David and Alexis.
• A share of her holdings in ‘Rose Video Ltd.’ held in trust for Ronnie Lee.
• The residue of her estate to her husband, Johnny Rose.

Legal Requirements for a Valid Will

For a will to be valid in the UK, it must generally meet the following criteria:

• It must be in writing and signed by the testator, or by someone else in their presence and at their direction.
• It must be witnessed by at least two independent witnesses, who must also sign the will in the presence of the testator.

Assessing the Validity of Moira’s Last-Minute Changes

Moira’s bedside declarations to David and Alexis introduce complexity regarding the validity of those changes:

1. David’s entitlement to Rosemoor: Moira’s verbal declaration to David about wanting him to have Rosemoor instead of the actors does not meet the formal requirements for amending a will in the UK. Without a written and witnessed amendment, this verbal declaration is not legally binding.
2. Alexis’s entitlement to the contents of Rosemoor: Similarly, Moira’s verbal wish for Alexis to inherit the contents of Rosemoor does not constitute a valid amendment to the will under UK law.

Legal Advice and Next Steps

Given the complexities and potential disputes arising from these last-minute changes, it is advisable for David and Alexis to seek legal advice. A solicitor specializing in wills and probate can provide guidance on:

• Potential grounds for challenging the will or its provisions, such as undue influence or lack of capacity at the time the will was made.
• The process for contesting the will in probate court, if they believe the will does not reflect Moira’s true intentions due to her critical condition at the time of the verbal changes.

Conclusion

While Moira’s intentions in her final hours are clear, they do not meet the legal standards required to amend a will in the UK. Therefore, unless there are exceptional circumstances that a court considers, the original provisions of the will stand. David and Alexis should consult with a legal professional to explore their options. For more information on wills in the UK, you can visit the UK Government’s advice on making a will.