Legal Question in Wills and Trusts in California
Unsigned new will - Intent of principle
If a new will has been drafted but not yet signed and the person dies unexpectadly is there any legal weight to the intent of the deceased that might be worth the interested parties energy to contest the old will based on the desires noted in the drafted (by law office, just awaiting signature) will?
Situation - my Father-in-law (FIL) was living w/a women for approx 3 years. She drafted a new will in Oct that would defer the majority of her estate from her surviving siblings to my FIL and some of her dear friends. My FIL also had Power of Attorney - however the dear lady unexpectantly passed away before she could sign the new will. We are wondering if we should pursue contesting the will or just let it go. There are a few witnesses (including her lawyer) to her wishes but most would also benefit from the new will. I am not aware if there are uninterested/vested parties who could attest to her wishes.
Regards,
Interested Party
3 Answers from Attorneys
Re: Unsigned new will - Intent of principle
Let it go. That's the whole point of the necessity of formal signing; sounds like the decedent had a previous will, just didn't get the new one signed. Therefore the new one simply doesn't matter and has no effect.
The person to whom you should be addressing this question is the attorney who drafted the 'new' will. But the 'new' will is of no legal force and effect because it was never executed.
I know that's not what you wanted to hear and you are welcome to ask others their opinion - but that's my take.
Moral Of The Story: Get the will executed!
Re: Unsigned new will - Intent of principle
If the lawyer called the lady and told her the will was ready to be signed and if she got in the car to go to his office and got into an accident on the trip to the lawyer's office, you could contest the old will and hope that the judge lets you go into arbitration.
Re: Unsigned new will - Intent of principle
Under CA law, the will must be executed to have any validity. It might be worth investigating why it was not signed.
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