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

thorsoak

No-one who is a beneficiary under a will can witness the signature of the testator - it would be null and void.

jessie18

Hi far2812, ive just read your postings and although im sorry i have no advice to give you, i just wanted to wish you all the best and also say im sorry for your loss. Its a shame at times like these your family cant stick together and look after you as well, i hope you get the outcome you deserve with your solicitor. Take care x

far2812

Thanks Jessie - I appreciate your kind words. x

daska

so glad you updated this to let us know what's going on. when I commented about the cognitive impairment being reversible I had everything crossed for you and I'm really pleased that you've confirmed that this was the case. let us know what happens.

The_Moog_2

thorsoak wrote: »

No-one who is a beneficiary under a will can witness the signature of the testator - it would be null and void.

This isn't strictly true. The witness/beneficiary would not be allowed to inherit but the rest of the will would stand.

far2812

Well here's the update - my solicitor has received a letter from my sibling's solicitors saying that we have to put an offer of settlement in writing and he will take instructions.

Basically, we got the file from the solicitor who was doing the 3rd will (which was never completed) - her last letter (2 weeks before my father died), was sent to the wrong address. Therefore if she HAD sent it to the right address, the theory is that the new will would have been signed and sorted.

The 2nd will (the one that Dad didn't remember) - apparently the solicitor did not open a file on it as he "knew the family for years"!!!

I think there is enough evidence to show that 1) Dad was unaware had no recollection of will 2 - there is no file to back it up and 2) the solicitor for will 3 made some mistakes but Dad's intentions were very clear!

tandraig

thanks for the update far! so the 3rd will is the one being sent to probate?

Primrose

If you are serious about contenting this will, you will need to see a solicitor. Your solicitor can put a "caveat" on the will to prevent it going forward to probate if you can come up with valid reasons why you believe his former will is invalid. I believe the caveat can be left in place indefinitely until you decide to remove it. However, if the case comes to court and your siblings will have to meet the legal fees you will have to produce incontovertible medical evidence as to why the will was invalid. These cases are very expensive. Do you have the financial means to carry them through? Your first port of call is a solicitor, and quickly, before the will passes through Probate stage.

far2812

OK here we go - I finally instructed a solicitor (managed to get some funds together) and after letters back and forth - my siblings came back with an offer of 1/8 of the estate.

No real argument but then they stipulated that I put £15k of that into a trust fund for my daughter.

Solicitor has written back to them declining the offer. The information has been passed to a Barrister who states that I have a good case considering all the tooing and froing and dad's poor mental state.

One interesting point he made that I hadnt really thought of is that when Dad moved in with me - he said he wanted his car back (which one of my siblings had) and all his paperwork. So I collected it all - 6 boxes of files. Dad and I spent a few days going through everything so that he felt more organised (mentally). NOWHERE in all the paperwork was anything to do with the new will that he had made (excluding me!) or the POA that my siblings had put in their name. Seems strange doesn't it??

This to me is not about the money (and I hate saying that because of course it would be nice) it is the principle of the fact that I was one of our parents 4 children who were always treated equally by our parents.

For them to come back and offer 1/8 of the estate - implies to me that I was 1/8 of a daughter!

Thanks for holding on for so long for the update! x

kiddy_guy

Good luck far2812 - we're hoping you get your fair share. Continue to keep us updated!