My father married his secretary 3 days before he passed and is named in his Will.

Full Question:

My father married his secretary 3 days before he passed and she was POA for financial and medical... is this a conflict of interest especially when she also named in the will
11/11/2016   |   Category: Wills and Es... ยป Will Contests   |   State: Vermont   |   #26586

Answer:

Wills can be challenged if not valid in terms of execution or if someone was under undue influence at the time it was made, or incompetent. The fact he died three days after the marriage may have relevance or not.  One important question is when he executed the Will you refer to and under what circumstances. You should talk to a local lawyer to revive this matter for you.

Also note the following in regard to witnesses to a Will of they are also a person to receive under the Will. You did not state who witnessed the Will.

(Cite as: 14 V.S.A. § 10)
§ 10. Devise or legacy to witness

If a person, other than an heir at law, attests the execution of a will whereby he or she or his wife or her husband is given a beneficial devise, legacy or interest in or affecting real or personal estate, such devise, legacy or interest shall be void so far only as concerns such person or his wife or her husband or one claiming under such person, husband or wife, unless there are three other competent witnesses to such will. Such person so attesting shall be admitted as a witness as if such devise, legacy or interest had not been made or given. A mere charge on the real or personal estate of the testator for the payment of debts shall not prevent his creditors from being competent witnesses to his will.