Michael Jackson Hoax Death

Is the King of Pop really dead?

July-13-09

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more on ‘the will’

UserPost

5:35 pm
July 31, 2009


hasil

Member

posts 64

1

more on the will

http://wiki.answers.com/Q/Can_….._on_a_will

my friend brought this up to me and she said

go check it yourself

just type in 'can executors be a witness on a will'

see what comes up…

uh oh..we have a problem.

null and void (not that is NOT an anagram )

so now what?

5:50 pm
July 31, 2009


Tenderoni

Member

posts 205

2

That's incorrect.  The California Probate Code states:


6112.  (a) Any person generally competent to be a witness may act as
a witness to a will.

   (b) A will or any provision thereof is not invalid because the
will is signed  by an interested witness.

   (c) Unless there are at least two other subscribing witnesses to
the will who are disinterested witnesses, the fact that the will
makes  a devise to a subscribing witness creates a presumption that
the witness procured the devise by duress,  menace, fraud, or undue
influence.  This presumption is a presumption affecting the burden of
proof.  This presumption does not apply where the witness is a
person to whom the devise is made solely in a fiduciary capacity.

   (d) If a devise made by the will to an interested witness fails
because the presumption established by subdivision (c) applies to the
devise and the witness fails to rebut the presumption, the
interested witness shall take such proportion of the devise made to
the witness in the will as does not exceed the share of the estate
which would be distributed to the witness if the will were not
established.  Nothing in this subdivision affects the law that
applies where it is established that the witness procured a devise by
duress, menace, fraud, or undue influence.

6:48 pm
July 31, 2009


hasil

Member

posts 64

3

i read that but how can it apply that if they are trustees and executors? not just witnesses-

they have a major gain here an have locked the family out-thats odd isnt it?

anyone who contests the will will be completely shut out?

really? his mom has some issues and shed be shut out? for trying to have the control /say over the estate? no way. he would never do that .


if this is true that they are the trustees and exec. then mj could have been under duress to sign it.

this is where the burden of proof is gonna be needed-

and the judge is hopefully gonna rule as so…


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