Any help please...

mummytofour

My mum died two weeks ago, she had scitzophenia (sp) sine I was born. My dad has today called me to say he has found her will leaving her share to me and two if my cousins ( not that they had 35 years of hell inflicted on them by her...) my dad is not mentioned in the will at all. The will was made in 2011 I am more than sure she did not have capacity at that time to make a will. She has requested that her ashes be spread in the south of France and the French prime minister be made aware of her death. My mother believed she was royalty...

Myself and my ex are her executors... However she has spelt my name wrong, added a middle name I do not have on the will.

Any ideas where we stand? I can't see my dad loose the house, he was her carer for 35 very long years and does not deserve this.

Her death has opened up such a can of worms with her family this really is the last thing I need. I didn't know I was her executor and I don't really want to be nor does my ex, I feel so upset by what she has done, screwed over the people that cared for her for so long. Her choice I know but I can't see my dad loose out. Please help.

The will my dad has is a copy as the original is at the solicitor who was out today and due to call tomorrow. Xxx

Gingernutty

From what you've just told us, I find it extraordinary that a solicitor drew up that will.

Contesting this will may be easier than in many cases, but it may be time consuming and costly nevertheless.

Once the will is struck out, the rules of intestacy apply - as long as your Mother's estate is below a certain value, you Dad will inherit everything.

mummytofour

Thank you for the glimmer of hope xx

securityguy

mummytofour wrote: »

I can't see my dad loose the house, he was her carer for 35 very long years and does not deserve this.

Married couples usually hold houses as beneficial joint tenants, and therefore the house becomes his irrespective of the will. You need to confirm this: if the house is tenants in common then you have a problem with the will, but if the house is held as joint tenants, then the house is his anyway.

dzug1

Three points:

you don't have to be executor if you don't want - but once you have probate you must continue. I don't think the spelling errors matter.

you are free to ignore the funeral instructions

I am more than sure she did not have capacity at that time to make a will.

it's far easier to assert that than to prove it. A deed of variation, if all agree, will probably be easier and cheaper than proving her state of mind

mummytofour

I think the drama maybe over... My dad has spoken to the soliciter who said he had contacted the dr in relation to capacity at the time of writing her will and it was agreed she had capacity.... Oh well I guess it was her choice to make an unwise decision.

Soliciter also thinks house is tenants in common, my dad is going to see the soliciter in a couple of weeks. I really hope this is not a complicated mess, I just want to put the past 35 years of truma behind me and move on. Xx

mummytofour

Deed of variation, I shall look into this, thank you.

Mattygroves2

A deed of variation will involve all the beneficiaries under the will agreeing to change the distribution of the assets. So you'll need your cousins to agree to give up their share.

RAS

mummytofour

If your cousins are not initially keen, one suggestion might be a DOV that gives dad life interest (he can live there) and then when he dies/the house has to be sold if he goes into care, mum's portion of the house is split as per her will. that gives dad the security he needs short--term and still allows the cousins to benefit eventually.