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When a will was drafted by a lawyer it is deemed valid even if it was typed by one of its beneficiaries

June 1, 2021
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A woman's daughter contended that her mother’s draft will was drafted under undue influence as well as typed by one of the beneficiaries, even though the final will was drafted by a lawyer before witnesses, and therefore the provisions in the will which entitle the beneficiary are void.

The Court denied the motion and held that the woman's will was valid. When a will is drafted under undue influence – the will is void. Moreover, the Law stipulates three alternatives under each of which a provision in favor of a beneficiary under a will is void, even if the bequeath was under no undue influence: The provision entitles the person who drafted it; The provision entitles the person who witnessed its drafting, or when the provision entitles the person who took any part in its drafting. Here, the final draft of the will was made by a lawyer, who sat with the testator for two long sessions and was impressed by her clarity and her free and true will. Therefore, in practice, the beginning of the drafting of the will was made by the lawyer, and therefore the will is valid.