Validity of Sirius' Will (was: Re: No sympathy for Kreacher)

[tonihollifield]

No: HPFGUIDX 124542



eggplant9998 wrote:
> 
> Now that Harry is popular again the Ministry will probably do
> something to try to get back on Harry's good side, like giving a
> posthumous pardon to Sirius Black. That will probably just increase
> Harry's bitterness but it would make Sirius's Will a legal document
> again.  

--Snipped--


Toni:

I've seen several people post the idea that Sirius' will (assuming, 
of course, that he had one) would become a legal document should he 
be pardoned posthumously.  Is there a provision in British law that 
voids the wills of convicted murderers?  At least under American law 
(and I should qualify that to be just New York State law, because 
that's the only state where I'm admitted to practice), I can't see 
any legal reason (under the circumstances presented by JKR) why the 
will of a convicted murderer would be void.  Assuming all 
requirements of executing a will were followed, and Sirius had the 
capacity to make his own decisions, his will should be valid 
regardless of his status as a convicted murderer.  

That being said, it occurred to me that if Sirius did have a will, at 
the time he executed it, he probably left everything to James.  I 
assume that between the time of James and Lily's deaths and Sirius 
being hauled off the Azkaban that he didn't have time to run to his 
wizard attorney (or whoever drafts wizard wills) and change his will 
to leave everything to Harry.  That being said, unless Sirius made 
sure that his estate would go to "James and his heirs" (or some such 
designation), then there may be someone else who he designated to 
inherit if James predeceased him (Tonks, maybe or her mother if she's 
still alive.)  

Toni (who apologizes...one hazard of being an attorney is that you 
see everything as a law school hypothetical!)