Question
Mark Musonda died a year ago leaving two handwritten Wills which appear to meet the minimum legal requirements. The Wills have been handed to you
Mark Musonda died a year ago leaving two handwritten Wills which appear to meet the minimum legal requirements. The Wills have been handed to you by Sarah, Mark's widow who is accompanied into your office by Greig, Mark's young brother.
Both Wills commence with the words "This is the last and only Will of ..." and you note that one is dated the 9th February, 1992 and the other 10th October, 1997. The first of these appears to have another date 10th July, 2002, a little lower down the page but in between the two dates there are a total of nine (9) signatures two of which you are told belong to Mark.
As you read the first Will, you note that Sarah is the named executrix and has been given the rest of Mark's property after giving a Toyota Corona to Greig and a Nissan Sunny to Kabaso who, you are told, is another of Mark's younger brothers.
The other Will, you note, appoints Greig and Kabaso executors and gives the two the rest of Mark's property after giving Sarah the matrimonial bed and a fridge.
Greig tells you that Mark did not want Sarah to know about the second and last Will and made sure that only the three brothers saw and signed it.
Mark had, apparently, told the two brothers that he was making the new Will because he had sold the Toyota Corona and the Nissan Sunny that he had provided for them in the first Will.
Sarah does not understand what could have happened as Mark had been so loving to her and their four children and particularly that he died a very wealthy man. She says, he was even so cruel as to ask her to join two other people to sign the Will dated 9th February, 1992, after he had signed it again in 2002. He had said he was just emphasizing his wish.
Greig says Sara had been "fixed" as blood was thicker than water.
Is there any way of helping?
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