Invalid Will and Probate Questions

peonybell

Can anyone advise on this please? If the name of the person who made the will is wrong on the actual will, for instance if their name was Joe Bloggs, the name on their birth certificate and marriage certificates was Joe Bloggs and they were never known as anything but Joe Bloggs and the name on the will was Joe Tom Bloggs, would that invalidate the will?

Also, does this sound right to all you legal eagles? Following the death of a relative the family were told by another family member that they have the latest will (which no-one else knew about) leaving everything to them. This person refused to let anyone see the will or tell them which solicitors were handling it. By the time the rest of the family tracked down the solicitors, probate had been granted but the estate not distributed. The family believe the deceased was intimidated and bullied into changing their will and feel they have to contest this latest one but the solicitor handling the will has given the family 10 days to produce evidence or they will distribute the estate. Is this right, fair or legal as obviously it will take longer than this to gather evidence, witness statements etc? Would really appreciate any information and advice as the 10 days will be almost up before we can get to see a solicitor of our own. Thanks in advance.

Pee

If you send the solicitors the birth and marriage certificates showing the person never used the middle name Tom, I think you will find they will be prepared to hold fire a little longer whilst you collect some more evidence.

You should speak to a solicitor. You should be able to at least speak to one within the 10 days so that they can write confirming that they are instructed and they will correspond further after your meeting.

paddy's_mum

Would contacting the relevent Probate Office be a sensible move, if only to get some more information on what you can and can't do in this situation.

I'd also be considering the likely gain since challenging the 'doubtful' will may cost you more in legal fees than the value of the estate.

RAS

Hi

Definately speak to the probate Office http://www.hmcourts-service.gov.uk/infoabout/civil/probate/registries.htm

peonybell

Thanks for the advice RAS, Paddys Mum and Pee - will act on that but does anyone know if the wrong name would be enough to invalidate a will?

daska

Sorry I don't have a definitive answer but I'd be looking for any scrap of official paperwork with his name on to prove that he didn't use the middle name including bank accounts, passport etc. The more evidence you can muster the more chance you have of overturning the will.

Do you have any reason to suggest that the testator was not in sound mind (mental or physical problems) or was he illiterate?

jackomdj

daska wrote: »

Do you have any reason to suggest that the testator was not in sound mind (mental or physical problems) or was he illiterate?

Or was he of very sound mind, being forced to do something he did not want to do, so used an incorrect name to invalidate the will.....

is this what you are thinking OP?

peonybell

Yes, Jackomdj, that's exactly it. Have very good reason to believe she was intimidated/bullied into making this will. I don't think it was criminal in the legal sense but pressure was definitely put on and was enough to frighten her into doing it. Would be very hard to prove in court and that's why I was wondering if the error in the name might invalidate the will. I think giving the wrong name might have been a desperate attempt to show this was not what she really wanted.

thorsoak

I have been involved in the drawing up of wills where someone is known by a name different to their given name and in these cases, they generally said something like "this is the last will and testament of joseph james bloggs generally known as joe bloggs"...

bryanb

You could contact the witnesses to the signing of the will. Remember that a witness cannot be a benificiary.

daska

but they can be close to the beneficiary and could potentially be complicit.