My mother's Will: Advice/Views Please:

booklover

Hello

I would appreciate some views on this matter please.

My mother died last week and my 2 sisters and I have been to see the solicitor today for the reading of my mother's will. We are all executors of her will.

Well it seemed that my mother did not update her will as she stated she would. Her will was dated 10 years ago and I am concerned re the validity if it for several reasons.

1) My youngest sister has been left my mums house- current value approx 200k

It stated in the will that she was leaving the house to her, subject to the payment by her of twenty thousand pounds to me and further subject to the payment of thirty thousand pounds to my other sister.

She also left several other valuable items to my youngest sister.

This caused great upset to my sister and i as we both visited and cared for my mother on a daily basis.

I was aware of this will BUT understood my mum had changed to make all her estate equal to us. She told me had done so many times but clearly she did. not..

2) This youngest sister was not married at the time and my mother may have wanted her to have somewhere to live if my mother died then,but she is married and living comfortably now in her own home. She left my mums home to get married and have her own home 8 years ago.

Also, because houses have risen in value over the last 10 years is there reason to contest the will on the grounds of those amounts to my sister and I in this case?

Many thanks in advance

booklover


Ps. I dont want a major family fallout but my sister and i feel this very unfair..

Mojisola

The will as it stands will be valid unless you can find a later one. If your mother told you many times that she had made a new one then it would be worth making enquiries at all the local solicitors.

Savvy_Sue

Or having a good hunt through all your mum's paperwork.

morag1202

Is there no way that the three of you can agree to set the will aside and split the estate equally? Very sorry for your loss.

hundredk

morag1202 wrote: »

Is there no way that the three of you can agree to set the will aside and split the estate equally? Very sorry for your loss.

That could only be done after the will had bee executed.

Savvy_Sue

hundredk wrote: »

That could only be done after the will had bee executed.

I thought the whole point of a Deed of Variation (which I think is what you're describing / the OP would need) was that it happened before the will was dealt with.

tandraig

unless you can find a more recent will the one lodged with the solicitor will be the one proved as i understand it. ask mums friends neighbours if they witnessed any wills recently - she may have changed solicitors! also - i am not sure if you can do but as executors you should be able - does she have any documents lodged at bank in safety deposit? otherwise - go through all paperwork and ask her friends and neighbours if she left anything with them. if not then try to accept the will and not feel bitter - I know it is hard but i have been through something similar - will get better in time.

hundredk

Savvy_Sue wrote: »

I thought the whole point of a Deed of Variation (which I think is what you're describing / the OP would need) was that it happened before the will was dealt with.

I wasn't describing deed of Variation.

The point I was making was that the last known will has to be executed by the executors. Once this is complete and the estate is allocated it is then up to the beneficiaries what they do with their inheritance (subject to any clauses or trusts).

To change the will by deed of variation can only be done if all beneficiaries are in agreement and since OP is asking about contesting the will, this may not be likely.

I agree with the other posters who have suggested looking elsewhere for a later will but also be realistic and accept there may not be a later will. It is good practice when making/updating a will to advise the executors where the "last will and testament" is lodged, otherwise it is self defeating in carrying out your wishes.

From what OP has posted the £200k asset would currently split £150k:£30k:£20k At the time the will was made 10 years ago the ratio would have been a lot closer because the value of the property would have been less (say £100k, therefore £50k:£30k:£20k), and maybe seen as fair by all beneficiaries at that point because of the circumstances at the time. Perhaps the point to bear in mind here is that wills are based on peoples wishes and if no updated will is found, then those wishes have to be respected. Not easy when the split appears very disproportionate but resentment may lead to the significant beneficiary digging in and defending the lions share.

Maybe ask youngest what she was expecting? If she says equal split, ask if she would do this voluntary.

zzzLazyDaisy

It sounds as if your mum may have made a subsequent will. If so, there should be a copy with her papers somewhere. It is perfectly possible that she went to a different solicitor to have the later will drawn up, in which case the earlier solicitor (who you are now dealing with) wouldn't know about the late will.

Unfortunately, unless you can find a copy of the later will (if any) and can locate the solicitor who is holding the original, then the last known will is the one which will take effect - unless as others have suggested, you all agree on a deed of variation.

So sorry you have to cope with all this on top of losing your mum.

Savvy_Sue

hundredk wrote: »

I wasn't describing deed of Variation.

The point I was making was that the last known will has to be executed by the executors. Once this is complete and the estate is allocated it is then up to the beneficiaries what they do with their inheritance (subject to any clauses or trusts).

To change the will by deed of variation can only be done if all beneficiaries are in agreement and since OP is asking about contesting the will, this may not be likely.

OK, I see the distinction you're making, but it seems to me that if the beneficiaries aren't in agreement about a DofV to share things equally, they're not likely to divide things equally AFTER the assets have been carved up!

sagalout1954

Have you actually spoken to your younger sister about the current will and the 'unfairness' of the distribution of what sounds like the main asset - the house?

All 3 of you were at the reading, didn't she say anything then? Before visiting solicitors and enquiring about contesting the will it might be better to speak with the main beneficiary and see how she feels first. She might construe anything else as a declaration of war and SHE is in a very strong position.

If she has any sense (and there's no more to this story than meets the eye) then she'll be happy to divide equally with a Deed of Variation, you are her sisters after all. Sadly though, greed does bring the worst out in people. Good luck.