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Causing a sedated person to sign a will: Is it fraud or not
Destroying a will and ganging up with relatives not included in that willWhat are ways that money can be held in trust for a beneficiary?Canadian Wills and House DeedWho is responsible for the disposal of a body when there are no directives in the deceased's will?Can a last will and testament require successors to attend the funeral?What are the downsides of using a service like LegalZoom for simple will / living will?In a UK grant of probate does the value of the estate recorded include any deductions?Can beneficiaries be pursued for damages inflicted in life?Inheritance HelpForms for declining to be representative for an estate in Florida
Is it legal for parties to put a pen in a sedated person's hand and sign their Will?
Or is it fraud?
I really need to know, please
wills probate
edited 17 mins ago
David Siegel
15.9k3362
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
add a comment |
Is it legal for parties to put a pen in a sedated person's hand and sign their Will?
Or is it fraud?
I really need to know, please
wills probate
edited 17 mins ago
David Siegel
15.9k3362
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
1
It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this?
– Tim Lymington
9 hours ago
add a comment |
Is it legal for parties to put a pen in a sedated person's hand and sign their Will?
Or is it fraud?
I really need to know, please
wills probate
edited 17 mins ago
David Siegel
15.9k3362
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Is it legal for parties to put a pen in a sedated person's hand and sign their Will?
Or is it fraud?
I really need to know, please
wills probate
wills probate
edited 17 mins ago
David Siegel
15.9k3362
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 17 mins ago
David Siegel
15.9k3362
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
edited 17 mins ago
David Siegel
15.9k3362
edited 17 mins ago
David Siegel
15.9k3362
edited 17 mins ago
David Siegel
15.9k3362
15.9k3362
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
asked 13 hours ago
Evelyn MelehanEvelyn Melehan
6
6
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
New contributor
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
Evelyn Melehan is a new contributor to this site. Take care in asking for clarification, commenting, and answering.
Check out our Code of Conduct.
1
It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this?
– Tim Lymington
9 hours ago
add a comment |
1
It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this?
– Tim Lymington
9 hours ago
1
1
It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this?
– Tim Lymington
9 hours ago
It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this?
– Tim Lymington
9 hours ago
add a comment |
2 Answers
2
active
oldest
votes
Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.
Signing using the hand of an unconscious testator (or an unwilling one) would be an act of forgery. It would certainly not create a valid will. In addition, since the witnesses generally certify that it was signed by the testator in their presence they would have committed an act of perjury. Whether either act als constituted fraud I am not sure, but these are clearly not legal acts.
(There are cases where a will can be signed without witnesses, most commonly a holographic will, but they do not seem to apply here.)
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
add a comment |
A will must be signed in front of witnesses.
https://info.legalzoom.com/rules-witnessing-20722.html
If there were no witnesses, it was not valid.
answered 3 hours ago
PutviPutvi
73318
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
add a comment |
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2 Answers
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2 Answers
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Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.
Signing using the hand of an unconscious testator (or an unwilling one) would be an act of forgery. It would certainly not create a valid will. In addition, since the witnesses generally certify that it was signed by the testator in their presence they would have committed an act of perjury. Whether either act als constituted fraud I am not sure, but these are clearly not legal acts.
(There are cases where a will can be signed without witnesses, most commonly a holographic will, but they do not seem to apply here.)
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
add a comment |
Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.
Signing using the hand of an unconscious testator (or an unwilling one) would be an act of forgery. It would certainly not create a valid will. In addition, since the witnesses generally certify that it was signed by the testator in their presence they would have committed an act of perjury. Whether either act als constituted fraud I am not sure, but these are clearly not legal acts.
(There are cases where a will can be signed without witnesses, most commonly a holographic will, but they do not seem to apply here.)
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
add a comment |
Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.
Signing using the hand of an unconscious testator (or an unwilling one) would be an act of forgery. It would certainly not create a valid will. In addition, since the witnesses generally certify that it was signed by the testator in their presence they would have committed an act of perjury. Whether either act als constituted fraud I am not sure, but these are clearly not legal acts.
(There are cases where a will can be signed without witnesses, most commonly a holographic will, but they do not seem to apply here.)
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
Signing a will, as with any other document, is intended to represent a voluntary choice to assent to the document. In the case of a will, a valid signature by the testator expresses the testator's intent that his or her estate be governed by the provisions of the will.
Signing using the hand of an unconscious testator (or an unwilling one) would be an act of forgery. It would certainly not create a valid will. In addition, since the witnesses generally certify that it was signed by the testator in their presence they would have committed an act of perjury. Whether either act als constituted fraud I am not sure, but these are clearly not legal acts.
(There are cases where a will can be signed without witnesses, most commonly a holographic will, but they do not seem to apply here.)
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
answered 1 hour ago
David SiegelDavid Siegel
15.9k3362
15.9k3362
add a comment |
add a comment |
A will must be signed in front of witnesses.
https://info.legalzoom.com/rules-witnessing-20722.html
If there were no witnesses, it was not valid.
answered 3 hours ago
PutviPutvi
73318
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
add a comment |
A will must be signed in front of witnesses.
https://info.legalzoom.com/rules-witnessing-20722.html
If there were no witnesses, it was not valid.
answered 3 hours ago
PutviPutvi
73318
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
add a comment |
A will must be signed in front of witnesses.
https://info.legalzoom.com/rules-witnessing-20722.html
If there were no witnesses, it was not valid.
answered 3 hours ago
PutviPutvi
73318
A will must be signed in front of witnesses.
https://info.legalzoom.com/rules-witnessing-20722.html
If there were no witnesses, it was not valid.
answered 3 hours ago
PutviPutvi
73318
answered 3 hours ago
PutviPutvi
73318
answered 3 hours ago
PutviPutvi
73318
answered 3 hours ago
PutviPutvi
73318
73318
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
add a comment |
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
Assuming that there are witnesses, are you claiming that this version of "signing a will" is valid; is it fraud; is it forgery?
– user6726
1 hour ago
add a comment |
Evelyn Melehan is a new contributor. Be nice, and check out our Code of Conduct.
Evelyn Melehan is a new contributor. Be nice, and check out our Code of Conduct.
Evelyn Melehan is a new contributor. Be nice, and check out our Code of Conduct.
Evelyn Melehan is a new contributor. Be nice, and check out our Code of Conduct.
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1
It may be neither, since 'fraud' has a precise definition. Which jurisdiction is this?
– Tim Lymington
9 hours ago