Written out of my father's will - so sad!

Savvy_Sue · 26 September 2009 at 8:43PM

Just to check, you're not in Scotland are you? Because I don't know if things are different up there.

As others have said, the will doesn't have to be lodged anywhere to take effect, it just has to be properly signed and witnessed. However, if all the solicitor did was take your dad's instructions, and have him sign to say that was indeed what he wanted, but no will was actually drafted in time for him to sign, THEN you may have a problem.

So talk to the solicitor and find out what the situation actually is.

Mojisola · 26 September 2009 at 10:26PM

Do your sisters have the earlier will? Are they starting the process of proving the will?

tandraig · 26 September 2009 at 10:34PM

there was a thread on here think it was called 'contesting will.....' I read it as my aunts will was horrible she was really mean to her sisters, but she had alzheimers and it got really complicated as the house she left to charity was my nans and was supposed to be left to all four girls - my nan also had alzhiemers and we found out when aunt died she had had nan sign the house over to her! thats why i remember post.

property.advert · 27 September 2009 at 12:52AM

The OP has to be straight here about why she is upset. I can only assume because of money as she does again remind us that she did all this caring and the other did nothing. Doesn't matter really, not in law.

Now if the will was £6m then you'd be asking the other 3 to each give up £500,000. That pays for a lot of lawyers so I guess they would fight it. You may not have the money to fight them. If the estate was worth £30,000 and you have the money to fight and pay legal fees, then they would be looking at giving you £2,500 each and they may consider or be persuaded that it might be cheaper to give you the 25% you are claiming than fight it and win.

You have to be pragmatic and honest, including just what you are prepared to do and what you want to achieve.

far2812 · 27 September 2009 at 8:11AM

Thanks for the advice!

As my Dad was unaware that he had made the other will - I was happy that all he was changing (in his mind) was that he was making me Executor! I had ran through all his finances with him as he had got confused with it all and he said it made sense as I knew where his monies were. SO I was happy as the main content of the will wasn't being changed and therefore really wasn't a major change.

My Uncle dissuaded him from changing his will (thinking it was the original) and knowing that it was because Dad was sad that my siblings hadn't been in touch. But we thought he would regret it.

His estate is worth £400,000.

As far as I am aware, my sibings are processing the will (the one in their favour)

To answer your question property.advert - yes I am upset because I was written out of Dad's will because I know he wouldn't want it and yes - I would like my share of his estate as was originally intended.

I will fight it! Just don't know how to!

tandraig · 27 September 2009 at 11:25AM

hi far 2812 - my thinking on this is that if you can prove dad had dementia in his later years the court may well decide to revert to his previous will that mirrored your mothers as this was done when he was comps mentis. they may decide that all later wills invalid. if you know who drew up the wills for your mum and dad could you get a copy of thier wills? would help your case enormously i think.

vaio · 27 September 2009 at 11:41AM

If I’ve got it right……

Dad made a will 1 with equal split

Dad made will 2 with you left out

Dad can’t remember will 2 and gave instructions to solicitors to alter will 1 to make you executor but for one reason or another it didn’t get completed

I think whether you can challenge it depends on you being able to convince a court that he was not legally capable and/or under duress when he made will 2. I’m not sure the fact he can’t remember making will 2 is sufficient in it’s self, the question is did he know what he was doing when he made it.

Given the significant sums of money involved you need proper legal advice assuming you can’t sort it out with your siblings.

Susan_Frost · 28 September 2009 at 6:36AM

I dont have a clue about any legal aspects of this, but

I guess if you want a witness to the fact dad wanted you to have a share, then the solicitor who drew up the new will, even if not submitted in the right way, must have met him and could state that fact in court. I know it is not the same as having a legal will, but you will have an independant witness to his wishes perhaps.

No idea if this post if of any help at all - sorry.

Bye the way, how long do people have to contest probate. How much time does OP have?

Edinburghlass_2 · 28 September 2009 at 9:19AM

far2812 wrote: »

Thanks for the advice!

As my Dad was unaware that he had made the other will - I was happy that all he was changing (in his mind) was that he was making me Executor! I had ran through all his finances with him as he had got confused with it all and he said it made sense as I knew where his monies were. SO I was happy as the main content of the will wasn't being changed and therefore really wasn't a major change.

My Uncle dissuaded him from changing his will (thinking it was the original) and knowing that it was because Dad was sad that my siblings hadn't been in touch. But we thought he would regret it.

His estate is worth £400,000.

As far as I am aware, my sibings are processing the will (the one in their favour)

To answer your question property.advert - yes I am upset because I was written out of Dad's will because I know he wouldn't want it and yes - I would like my share of his estate as was originally intended.

I will fight it! Just don't know how to!

Both solicitors who drew up these wills should have ascertained that your father was of sound mind and knew exactly what he was signing, perhaps the second solicitor wasn't convinced your father knew what he was asking/signing and hence the delay in finalising the will.

far2812 · 28 September 2009 at 9:47AM

Thanks for all the advice - I suppose you are right that the solicitors had to ascertain whether Dad was of sound mind! But my sisters took my Dad to a brand new solicitor (not the family solicitor) who probably spent 10 mins with him!

I suppose I didn't think I was doing anything wrong by agreeing that Dad alter his will slightly (by just making me Executor) - as I was the one who knew all about where is monies were invested.

It's driving me mad mentally! I suppose deep down it is a lot about sadness mainly..........

Written out of my father's will - so sad!

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