Im a legal secretary and I mistakenly removed the staple for photocopying from an original will to be probated. I sent an affidavit to Court stating that I accidently did that, and they did not accept it because they said one of the pages of the will was upside down. What should I do now??
Answer
I'm a little surprised by your question because you obviously work for a law firm that is seeking to probate the will in question. Clearly, you should consult with an attorney at your firm -- perhaps the attorney or attorneys to whom you report.
Take a look at any copies of the will and see if those copies were also done with one page upside down. Accidents happen, and it appears that this mistake occurred at the time of the execution of the will. The court, understandably, finds it odd that not only was a staple removed but that the will was originally put together incorrectly.
Good luck to you.
Answer
I think your next step is to ask for a hearing to determine whether you tampered with the will. Prepare Citation, get a Court date, serve the citation, petition and copy of the will on the beneficiaries and distributees and be prepared to testify about your mistake.
Mike.
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