Joshua Herewini of Somerby Cottage, Shepreth Lane, Shepreth, Cambridgeshire, a retired aerial archaeologist, died last week aged eighty three. As one of the executors of his will, Juliet Lawrie, his sister in law, has instructed Mrs Sarita Patel a solicitor of Pemberton LLP Solicitors to advise her on a number of issues that are concerning her regarding the deceased's homemade will which was made on the 22nd May 1999. He had made this will shortly after coming out of hospital following a contusion on the brain and a fractured jaw caused by him being knocked off his bicycle by a motor car.

She has also noticed a page, torn from a notebook attached to the will which is signed and witnessed by two persons and dated the 4^th of June 2013. She wants to know what this document is and the impact it has on the will. In it Mr Herewini appears to have revoked a legacy of 110,000.00 [one hundred and ten thousand pounds] in his will that he left to a Ms Katina Smirnova. Mrs Lawrie has heard that this occurred one evening at a wine tasting party when in a state of intoxication Mr Herewini, had an argument with Ms Katrina Smirnova and had revoked this legacy of 110,000.00 to Ms Smirnova. She wants to know is this valid or does she have to pay out this legacy to Ms Smirnova.

Mrs Laurie is concerned that the will has become frayed and is torn and she does not know how this happened. The last five letters of the testator's surname has been torn off along with the end of the date the will was signed.

In the will, Mr Herewini has made a 100,000.00 gift to Mrs Lawrie but she wishes to refuse the legacy of 100,000.00 as she doesn't need the money and does not want to upset her own estate planning and tax position. She would like it to go to the Hawk Conservancy Trust. She is not sure what steps, if any, she would have to take to do this.

Discuss the issues that arise in this case.

Answer rating: 100% (QA)

There are several issues that arise in this case Firstly the fact that the will is handwritten and h... View the full answer