What happens if a will is defective?
At times, the Probate Registry will require that an Affidavit of Due Execution be filed to testify that the deceased’s Will was properly executed. This can occur in instances when it is unclear if the deceased understood the contents of the Will. This is typically inferred from the deceased signing off the Will in a language other than the language that the Will was drafted in.
The most fatal defect that a Will can have is for the Will to not have two witnesses. A Will without two witnesses is invalid. The estate of the deceased will therefore not be distributed in accordance to the instructions in the now invalid Will and instead, be distributed in accordance with the Intestate Succession Act.
If you have a Will that does not have two witnesses, you must consult an experienced probate lawyer who will act quickly and effectively to protect your rights to the money that you should be entitled to in the deceased’s estate. A probate lawyer can also help you ensure that your Will is valid and defect-free.
If your finances are an obstacle to you hiring a probate lawyer on your own, you should apply to the Legal Aid Bureau (LAB) to see if you qualify for legal aid. Unable to qualify for legal aid? You can try law firms that offer low bono, i.e. below market rate legal services, such as DMO Law Corporation.
