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Help with will! Plssss

24

Comments

  • RAS
    RAS Posts: 36,140 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    So the grandparents died in 2005 but the whole issue has only just come to light??
    If you've have not made a mistake, you've made nothing
  • Loa2013
    Loa2013 Posts: 12 Forumite
    RAS wrote: »
    So the grandparents died in 2005 but the whole issue has only just come to light??

    no last year they died
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Loa2013 wrote: »
    phoned probate office and they are going to have a look at will, although my sister spoke to 2 different solicitors who say you dont have to be 18 to sign as a witness.....confused!! argghhh.

    no one owed anyone anything. my father died and my grandfather promised to keep my dads estate for when we were older but actual fact my aunt got everything - and we dont know if he meant for this to happen or if she has made this happen

    It was a typo, now changed to owned.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    How were their assets shared.

    your will dates don't tie in with the following from the first post

    My gran died last year followed my my grandad 3 weeks later, her will left everything to her daughter and his left us 4000 each!! There estate was 1000000 together......but the week before my g/dad died my aunt called my mum saying she had fnd the will n cldnt live with it as everything would have to sold, she had to get solicitor up.

    what happened between the 2 dieing?
  • Loa2013
    Loa2013 Posts: 12 Forumite
    ok so, my grandad transferred the house my gran in mar 2005. gran died in may 12 followed by grandad 3 weeks later......

    grandads will was found by my aunt 3 days before he died, 2004 will!

    she was angry and said she could not live with this will and was calling the solicitor, who came to the house - then suddenly after my grandad died another will appeared the 2005, apparently the solicitor had the new one at her office (so of course my aunt was happy again).

    it just seems so strange....plus he told my brother he was executor and i would have thought he would have said if he had changed his mind to this alone!
  • Loa2013
    Loa2013 Posts: 12 Forumite
    my gran owned the house plus around 300,000 and grandad had around 500,000
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Loa2013 wrote: »
    ok so, my grandad transferred the house my gran in mar 2005. gran died in may 12 followed by grandad 3 weeks later......

    grandads will was found by my aunt 3 days before he died, 2004 will!

    she was angry and said she could not live with this will and was calling the solicitor, who came to the house - then suddenly after my grandad died another will appeared the 2005, apparently the solicitor had the new one at her office (so of course my aunt was happy again).

    it just seems so strange....plus he told my brother he was executor and i would have thought he would have said if he had changed his mind to this alone!

    What state of mind were they 7 years ago or are you thinking the will was made in 2012

    Have the witnesses been spoken to?

    Seems unusual for the aunt to even mention the 2004 will if there was a later one she new about.

    Check the accounts for 2005 there should be a solicitors bill for the will.

    if you think the solicitor is dodgy you will need another one.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    THe other thing is appaling IHT planning with a bill of around £140k due
  • Loa2013
    Loa2013 Posts: 12 Forumite
    i never thought of checking accounts for solicitor bill.....
    we have a feeling that the will has been altered as pages are not signed or dated ......
    or the will was made in 2012....but dated aug 2005
    my aunt found 2004 will in the house and panicked and for some reason called my mum and said she couldnt live with it and she was phoning the solicitor, but aparently grandad had made a new will at the solicitors in 2005.

    thanks for your help
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Ok firstly Nan and Grandads wills have to be taken as seperate because they died with less than 28 days between them thus meaning grandad cannot inherit nans items.
    If will not signed on every page then will is invalid.
    No matter whether the will was copied the fact there is an error in it doesnt matter technically there are 10 equal shares and 4k to each grandchild.
    If the person witnessing the will is under 18 at the time of witnessing the will in England and Wales then the will is not legal as you have to be of age. No one under 18 can sign a contract and a will is in fact a contract. If this is the case I would look at instructing a solicitor to have the will declared invalid and then you will revert to the previous will, if it was made in Scotland then they only have to be 12. See section 6 of http://www.writeawill.org.uk/write-a-will-faq

    Rob
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