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Men Left Out Of Will Because of Refusal to Give up Smoking

Daryll Pomey Orat - Monday, February 02, 2015

For two sons in South Africa, their refusal to give up smoking is proving to be very expensive indeed. Their father, who all his life had threatened that he would leave them out of this will if they did not give up smoking, went ahead and did exactly that. He bequeathed all of his property and assets to his two daughters.

Out of the two men who were disinherited for smoking, one of the sons has taken the issue to court. He refuses to believe that his father died leaving everything to his two daughters, without providing for his sons. He claims that his father on his deathbed had assured him that all four children were his beneficiaries.

The court was asked to decide whether the man's will was valid. The will is a handwritten will on a piece of paper, and seems to have been written in 2008. The will remained with the man’s secretary until after his death, when the will was handed over to the executor of his estate.

It was only then that the children learned that their decision to give up smoking had proved very expensive indeed. The judge has found that there is no other testament or will that is available except for the handwritten will. His secretary attested that the signature was real, and that the will was genuine.

In California, you can have a handwritten will which you write down in your own handwriting, and sign. A handwritten will or a holographic will does not require witnesses. However, these wills are very often contested, and result in disputes.


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