Will query

huskypup

My mum passed away on Friday and we are now in the process of sorting out the funeral and things, she left a will leaving everything to my stepfather - good so far, there isn't alot, a £2000 life policy for burial and there mobile bungalow - which there are no deeds for - as it is still classed as a caravan - there was never a mortgage for it but a loan which was paid off years ago. Its classed as a mobile but can't move anywhere as its bricked in. The site owner has just transferred the paperwork into my step dads name.

Have noticed on will this morning that mum has made a mistake on it - she has put the wrong date she put 1908 instead of 2008. Now as there are no assets so to speak off and everything being left to my step father - do you think there is a problem.

Farway

Personally I do not, IANAL but as your step dad is only beneficiary of a very small estate who really cares if he does not?

Was the will home made or drawn up by a solicitor? If the latter they should have spotted it and their legal insurance should pay to put it right, but being solicitors I suspect you would be on a hard slog there

No doubt you could spend all of the estate on solicitors fees and intestate law, but if all family are happy with it, just move on, no one will want to see the will anyway, and if they do ask them why as it is none of their business

Biggles

It doesn't matter.

If there were no valid will, your stepfather would inherit it all under the intestacy rules anyway, so there was no need for a will in the first place.

[Deleted User]

huskypup wrote: »

My mum passed away on Friday and we are now in the process of sorting out the funeral and things, she left a will leaving everything to my stepfather - good so far, there isn't alot, a £2000 life policy for burial and there mobile bungalow - which there are no deeds for - as it is still classed as a caravan - there was never a mortgage for it but a loan which was paid off years ago. Its classed as a mobile but can't move anywhere as its bricked in. The site owner has just transferred the paperwork into my step dads name.

Have noticed on will this morning that mum has made a mistake on it - she has put the wrong date she put 1908 instead of 2008. Now as there are no assets so to speak off and everything being left to my step father - do you think there is a problem.

I had a similar problem when my aunt died. She had signed at the bottom of the page, leaving a blank space between the text and her signature.

The Probate Office asked ,me to find one of the witnesses. I think they had to visit the Probate Office and confirm it had not been altered. Fortunately it was all in her handwriting so there was no risk of me typing in a few extra lines above her signature.

I found the Probate Office very helpful so why not ask them instead of payng for advice from a solicitor? Also there is the Citizen's Advice Bureau although it usually means taking time off from work.

I think there is a lower limt (perhaps £4000) and estates smaller than this usually do not need to go through probate. Banks could demand to see probate of the will.

The main advantage of obtaining probate is to guard against anybody who might later claim they should inherit. I assume she has no living relatives or they are on good terms with you.

Biggles

For small estates (usually amounts under £5,000) most banks will allow withdrawal of the proceeds on production of the death certificate.