Legal Updates

In a notarized will it is difficult to attack its authenticity

December 9, 2022
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The children of a deceased sought to invalidate the will of their late father who left his entire estate to his life partner and disinherited his children by contending that the signature on the will is forged.

The Court held that the will is valid. When a will notarized, the assumption is that it truly reflects the wishes of the deceased and is evidence of the location in which it was drawn up and that it was signed by the deceased. When examining the validity of a will, it is not necessary to examine the intelligence, reasonableness or humanity of the deceased's actions, but only whether his behavior at the time of making the will indicates that he knew how to discern the nature of the will. Here, the deceased refused to bequeath his assets to his children due to the disconnection between him and them and even clarified this to the notary public upon making the will. In light of the notary's statement that the deceased signed the will in his presence, the will is authentic, even though there is a graphological opinion stating that it may be that the signature is not the deceased's..