QUESTION: Dear Legal Wiz,
I have a copy of my dads will and he only assigned one executor. I have asked him to get it probated, but he says that because the will is not dated, we will have a problem. However a friend asked a law student and that student told her that we can go ahead, but with proper declarations. I am researching what these declarations are because I do not want to ask my friend to go back to the lawyer as we have no money to start now.
RESPONSE: Dear Henri
When a will is undated, it does not make it invalid in all cases. Actually the fact that it is undated is not what makes it not valid. It is true that statements will need to be done, and these sworn statements are prepared in the for of affidavits by the person assisting you. It can be complicated so please get an attorney who practices in Jamaica to assist you, or someone who is well experienced in preparing these documents, and again with the assistance of an attorney.
The above does not constitute legal advice. The responses are prepared and published by inhouse senior journalists after research and discussion with attorneys-at-law and other specialists, as necessary.
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