Q: Questions about separate signed document superseding a legal will.
My grandfather recently passed away, the will he created did not grant any money to person A. However person A made a handwritten note that granted him/her money and my grandfather signed it. Person A is the executor of the will. I do not believe any other witnesses (besides person A and my grandfather) were present during the creation/signing of the separate note. I am asking if this separate note is legal and if it will ruin the previously created will.
A:
No. The handwritten note would need to be executed in the same way as a normal will and grandpa just signing off on a note that A wrote (this is important) is not enough. If grandpa wrote the note and signed off on it, that might be different. It will also be important if witnesses were present or not. Find this out.
To get the note recognized, person A would have to probate it and prove to the court that it was valid.
To determine validity, it will also be important what your grandpa's mental condition was at the time the note was signed. If he had dementia or Alzheimers at the end of his life, the note might be invalid on the grounds that grandpa's medical information shows he had no idea what was going on at the time.
A:
No. The handwritten note would need to be executed in the same way as a normal will and grandpa just signing off on a note that A wrote (this is important) is not enough. If grandpa wrote the note and signed off on it, that might be different. It will also be important if witnesses were present or not. Find this out.
To get the note recognized, person A would have to probate it and prove to the court that it was valid.
To determine validity, it will also be important what your grandpa's mental condition was at the time the note was signed. If he had dementia or Alzheimers at the end of his life, the note might be invalid on the grounds that grandpa's medical information shows he had no idea what was going on at the time.
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