Wills - What if?

glitter03

My friend has had a friend who has died of course (cheery message incoming, sorry!) and they have left a will. I don't know what is in this will but gossip from the family is that someone, no relation who was helping before they died has signed letters saying that possessions will go to them.

Whats the stance on this? assuming the letters are genuine and the person was of clear mind, do they over turn the original will? whats the low down. Of course google is difficult to use with this specific type of issue, does anyone know what the deal is here?

pink_princess

The will stands as it is a legal document and has been witnessed.

DUTR

The last testament statement over rides anything scratched on a bit of paper.

glitter03

So even if . . . .

the original will is the be all end all . this is what I would assume as who knows under what circumstances other things were signed

thanks

Nicki

If the signed letters are witnessed by two people, neither of whom stand to benefit from the will, then they themselves would form a new will or codicil to the old one, and would be valid.

74jax

I'm in the middle of a long (5 year) will-battle.

My uncle left all his money to be split between all the neices and his house, land and stables to a nephew.

My uncle's sister (my aunt) contested the will and 5 years on the will was overturned after a high-court battle.

My Aunt didn't have anything in writing, just my uncle's word he would leave everything to her.

geoffky

I can envisage one of these battles ahead..
My wife's parents have written the son out of the will for reasons that i do not know or have ever asked (it has something to do with the girl he married) but if i was the son i would be in court challenging it...
The question is can he?

Mojisola

geoffky wrote: »

I can envisage one of these battles ahead..
My wife's parents have written the son out of the will for reasons that i do not know or have ever asked (it has something to do with the girl he married) but if i was the son i would be in court challenging it...
The question is can he?

It will be harder for him if they keep a letter with their will explaining why he has been written out of it.

A will becomes a public document so putting the reasons in a separate letter preserves a certain amount of privacy.

If someone has been cut out of a will who would benefit if the estate was distributed according to the intestacy rules, it's very important that the will is kept where they don't have access to it.

Added - if your wife feels that her brother should have a share of their parents' estate, she can always do a deed of variation to the will.

Going to court would cost everyone a lot of money.