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September 2, 2011
Star Features


 

Challenging a will

A five-acre property is causing a rift between two brothers. One of them is threatening to take legal action in the matter.

The property belonged to their mother who died six years ago. One of the brothers is alleging that his younger brother forged their mother's signature because his mother did not make a will up to the time of her death.

"I was very close to my mother. If she was going to make a will, she would have told me," he said.

"I lived in England for 30 years before my mother died. For the last 10 years, I travelled to Jamaica every year. My mother and my younger brother did not have a good relationship and, therefore, she would not have willed the property to him. I was the one who sent the money for my mother to buy the land and I spent my money to build a three-bedroom house for my mother so she could live comfortably.

"My mother died in 2006 and I came to Jamaica and made all the arrangements for the funeral and also paid the funeral expenses. My brother did not contribute in any way.

"I know my mother would not make a will without telling me about it. My mother and my brother did not get along because he was always very disrespectful to her.

forged signature

"I was really shocked when I looked at the will and noticed that the signature did not resemble my mother's. In addition, the couple who my brother has on the will as witnesses to my mother's signature no longer lives in Jamaica. It would appear to me that my brother knew the couple were going abroad and got them to sign a false will.

"I am planning to challenge the will, can you enlighten me as to the best way to deal with the situation?"

If you believe your mother's signature was forged, you will have to get a handwriting expert to verify whether it is you her signature. Once you have proof that it is not her signature, you should consult a lawyer who will take the matter to court to have the will declared invalid .

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