A man from Tuusula died in April 2018 and left a remarkable will. It was witnessed by the neighbors ’sister’s neighbors who didn’t understand exactly what they were witnessing.
Woman tried to get all his brother’s property by will, but the court declared the will invalid.
The Tuusula man died in April 2018. Thereafter, a will was presented at the end of January 2018, by which the man had revoked his previous wills and ordered all his property to his sister.
Male the children brought an action for annulment of the will. The will, they said, was invalid because it was not necessarily accepted by the man. According to the application, it also failed to comply with the formal requirements for proving a will.
The will was witnessed by the death of the man’s sister and his wife’s neighbors. They had acted as witnesses at the request of the spouse.
Testament the sister of the man who had left and his wife had gone to their neighbors. There was a man unknown to the neighbors.
The newcomers had said the man was the woman’s brother. The man himself had not said this to the neighbors.
The man’s identity was in no way verified. As no verification was made and the man was not already familiar to the witnesses, the children considered it possible in their application that the signatory was not their father.
According to the lawsuit, no observations were made about the man’s mental state in the presence of witnesses. In addition, he was not asked anything about his understanding of the documents to be signed or his free will.
Witnesses considered it possible that there were several documents signed, that they were different, and that part of their text was obscured. The nature of the signed documents remained unclear to the witnesses.
Eastern Uusimaa according to the district court, the witnesses did not seek to ascertain the man’s ability or will to make a will.
According to the district court, the man did not sign the will in the presence of witnesses and did not otherwise state that the signature of the will was his own.
The district court therefore held that the testimony recorded in the will could not be considered credible and that the will was invalid. The district court sentenced the deceased man’s sister to pay the children’s court costs of EUR 4944.50 and the state the costs of proof of EUR 25.60.
The sister of the man who was the subject of the will appealed the district court’s judgment to the Court of Appeal. In its decision of 12 January, the Helsinki Court of Appeal upheld the judgment of the district court.
You can apply for leave to appeal to the Supreme Court.