If a will was dated and signed by testator yet he wasn't in the country at time of signing is will legal? He was in New

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Customer: If a will was dated and signed by testator yet he wasn't in the country at time of signing is will legal?
JA: What state is he in? It matters because laws vary by location.
Customer: He was in New Zealand yet a will was drawn up at the cook islands with date and witnesses and signature but testator was in New Zealand passport confirms he wasn't there
JA: What steps has the testator taken so far?
Customer: I'm afraid he has passed he was our dad
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No
Answered by Chris The Lawyer in 2 hours 1 year ago
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Chris The Lawyer, Expert

Hi
I am a New Zealand lawyer based in Wellington and will help you with your question today. Please give me a minute to read the question
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Chris The Lawyer, Expert

If the signature is actually his I wonder if the document wads correctly signed but someone put the wrong date on
Customer
Well the will is dated 8th April 2004 and he didn't arrive in the cook islands till 31st December 2004 the will had 2004 typed as part of will only written was date being possibly closed over Xmas to new year's which puts him into 2005 if any will was to be made wrong form I feel cannot be excused big difference to 2004 and 2005 can send u copy if it makes it easier. 7month difference
Customer
Court document
Customer
Does it make it invalid regardless
Customer
Hello Chris gave sent copy to help clarity
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Chris The Lawyer, Expert

Do you want this will to be valid or do you want to challenge the will?
Customer
To challenge will as our dad of his own accord made a codicil and brother with lawyer deemed it invalid because the witnesses that signed were not registrars in accordance with s445 of the cook island act 1915.
Customer
Codicil was dads voice Dad did not exclude him but he chose to share equally which my brother refuses to accept his wishes and dad had no reason to believe the codicil was invalid as it was processed at court date is right he was there
Customer
Can we use it as a testamentary promise? One of the main reasons is the home dad built was for children and grandchildren not ownership to brother that's why I question the will as over there it's natural succession not requiring a will that the brother initiated this
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Chris The Lawyer, Expert

I am not sure that this will is wrong. The witness section was abolished in 2005. I think you need to contact a Cook Island lawyer yourselves and get another opinion about this. I am not an expert in Cook Island law but a search makes me doubt if that opinion given to your brother is correct

Customer
Thankyou for your help . The codicil was revoked on the grounds of s445 brother went over to do this .we had no knowledge of will till lately as when sister went over the court gave her copy of codicil so all these years we thought that was it until shown initial will by hos lawyer and have asked lawyer over there because of conflict as the ministry has to be addressed all I can add is that as soon as house was built they literally dumped dad at hospital and left him there as to why he came home to Mew Zealand he was unable to look after himself on oxygen
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Chris The Lawyer, Expert

Section 445 was repealed in 2005, so I am unsure why that happened

Customer
They already had ownership of home through will which my brother could of drafted ahead for him to sign .Held to ransom you would say because he wanted house built brother agreed and most importantly he could not look after himself healthwise
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Chris The Lawyer, Expert

It does appear dodgy but you would need to challenge this in the Cook Island courts

Customer
we were informed by lawyer Tim Arnold over in Raro to seek a lawyer over here to represent us and that it would be messy because of it being the ministry that we will have to take on but he didnt say that we have no hope so any suggestions from this end nz would be a help Yes it was dodgy because we asked brother for will he has and still didnt show us despite the fact our names were in it
It was only until we being the rest of the family wanted to use the house as brother has been receiving rental for house since dad passed that we received letter from his lawyer and she obliged us with a copy of the will to our being confused.
Customer
I thank you again for your help
Customer
Very helpful excellent .
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