QLD Avoiding Fraudulent Last Wills and Testament?

[ktsbob]

Just after some help, as I am a member of several senior sites, and from time to time, read about concerns that Last Wills may not have the outcome desired. Lots of incidents where the elderly have their will changed, and they may have been coerced by carers or "friends".

I think we can all understand our capacity to understand and our dependence on others causes purported incidence where the Will is changed under circumstances that are questionable.

My question is about videoing your prepared written will and setting it so that no further changes can be made, without an associated video, to ensure the intent of the original will is undertaken.

I think there should be the ability to have a secondary confirmation to any will change, and sure, use a legal firm, but they have been included in suspected cases of coercion.

So if I have a will and make a video of me reading that will, then signing it, is there a mechanism that only I should know, that requires this secondary confirmation? I am thinking a video to the cloud, or if possible, a media.

What I am trying to secure is, write my will now, be allowed to make changes while I am really with it, and not allow my fading mind to have it changed. Please note, if I am off my tree, then any change should not be allowed or accepted, but make it so, that I need to be coherent enough to know to video it as well.

 

[Rob Legat - SBPL]

I’m not sure how what you’re suggesting would be of any assistance. Coercion can happen just as easily on a video as anywhere else. We’re not talking testator who are clearly incompetent; I don’t imagine any lawyer would entertain that. And a borderline case is not necessarily going to be discernible from a video.

If a video was accepted, any discrepancy between it and the written will could make either invalid - defeating the purpose if you’re going to require both.

I haven’t done the research but is the incidence of coercion in a solicitor drawn will really apparent? The Law Society and Lexon (the PI insurer) are very big on establishing competence; especially since the immediate past president is a specialist in wills and estates.