Will issues.

me_again_2

I had to create a new name to post this so that nobody knows who i am. Changing details slightly in case others recognise me.

Father in law passed away a few days ago. Whilst sorting the paperwork and funeral out i found a few problems with it.

No spouse so just the 3 girls and one brother.

Girls are local but the brother moved away after a failed marriage leaving 2 children.

His ex wife is getting stroppy and thinks she should have been left something in the will. In fact only the 3 daughters are named in the will and not the son.
Not a huge amount of money so i assume there will be no need for probate. £3000 or less after the bills are settled. Property was cleared quickly so that we didnt have to pay anymore rent on it. Keys handed in on Friday.

They are being a pain asking for ornaments and things that they gave to him.

The daughters have boxed up some of it and taken them home to sort out later.

Anyway, The issue is the will. It was witnessed by his daughter who was is in the will. But signed under her married name.
And the executor is another daughter but on the paperwork he put the family name and not her married name.

How bad is this?

If the brothers ex asks for a copy of the will do we need to supply this?

I can do without the hassle and would willingly donate the lot to a worthy cause so they got nothing.

Until someone tells me differently though i will just follow the will as closely as i can.

Any help greatly appreciated.

dizzybuff

me_again wrote: »

They are being a pain asking for ornaments and things that they gave to him. - tell them to wait for the will. gifts belong to the deceased not them, if they are left over just say if not distributed in the will the executers and family ( imediate) will distribute them equally and fairly. You have enough on your plate sorting the estate .

The daughters have boxed up some of it and taken them home to sort out later.

Anyway, The issue is the will. It was witnessed by his daughter who was is in the will. But signed under her married name.
And the executor is another daughter but on the paperwork he put the family name and not her married name.

How bad is this?

If the brothers ex asks for a copy of the will do we need to supply this? - Nope she is no longer married to the brother so let her go to a solicitor and fork out for a copy and contest it , shes not in the will so tough titty not your problem.

I can do without the hassle and would willingly donate the lot to a worthy cause so they got nothing.

Until someone tells me differently though i will just follow the will as closely as i can.- Continue to do nothing can be done until the will is fully executed and all taxes bills have been paid , if you dont have enough money to clear this you may have to sell.

Personally id sell the lot and split the money between everyone so no !!!!ers argueing.

Any help greatly appreciated.

See above for my tuppence but im no solicitor.

Tuesday_Tenor

First of all, are you in England/Wales or in Scotland?
In Scotland, children have some rights to inherit, even if not included in the will.

me_again wrote: »

It was witnessed by his daughter who was is in the will.

I think you may have a problem here. A witness can't benefit from a will. That's why witnesses are often staff at the solicitors office , or neighbours.

The will, as a whole, will still be valid, but the witness won't be able to accept the intended inheritance.

You won't want to incur large solicitor's bills for a small estate, but you should get this checked out through to either a free initial half hour with a solicitor, or with the CAB.

Hopefully you can get round this by the two remaining beneficiaries gifting part of their inheritance to the third.

I don't think single/married names make any difference as there are documents to demonstrate it's the same person (I.e. marriage certs)

troubleinparadise

Further to Tuesday Tenor's reply re witnesses, there should be two witnesses, neither of whom should be beneficiaries:

https://www.gov.uk/make-will/make-sure-your-will-is-legal

Was there only the one witness, who is also mentioned as a beneficiary?

Take legal advice re the validity of the Will before taking things further.

g6jns_2

me_again wrote: »

I had to create a new name to post this so that nobody knows who i am. Changing details slightly in case others recognise me.

Father in law passed away a few days ago. Whilst sorting the paperwork and funeral out i found a few problems with it.

No spouse so just the 3 girls and one brother.

Girls are local but the brother moved away after a failed marriage leaving 2 children.

His ex wife is getting stroppy and thinks she should have been left something in the will. In fact only the 3 daughters are named in the will and not the son.
Not a huge amount of money so i assume there will be no need for probate. £3000 or less after the bills are settled. Property was cleared quickly so that we didnt have to pay anymore rent on it. Keys handed in on Friday.

They are being a pain asking for ornaments and things that they gave to him.

The daughters have boxed up some of it and taken them home to sort out later.

Anyway, The issue is the will. It was witnessed by his daughter who was is in the will. But signed under her married name.
And the executor is another daughter but on the paperwork he put the family name and not her married name.

How bad is this?

If the brothers ex asks for a copy of the will do we need to supply this?

I can do without the hassle and would willingly donate the lot to a worthy cause so they got nothing.

Until someone tells me differently though i will just follow the will as closely as i can.

Any help greatly appreciated.

The will is invalid because it was witnessed by a beneficiary. So the laws of intestacy apply. The ex wife gets nothing. You need to apply for letters of administration but there is no fee as the estate is less than £5,000. Strictly speaking for the chief pedant on here you don't need to get probate but in view of the circumstances it makes it official and saves you having to explain to any aggrieved relatives.

getmore4less

g6jns wrote: »

The will is invalid because it was witnessed by a beneficiary. So the laws of intestacy apply. The ex wife gets nothing. You need to apply for letters of administration but there is no fee as the estate is less than £5,000. Strictly speaking for the chief pedant on here you don't need to get probate but in view of the circumstances it makes it official and saves you having to explain to any aggrieved relatives.

That does not make a will invalid.

noh

g6jns wrote: »

The will is invalid because it was witnessed by a beneficiary. So the laws of intestacy apply. The ex wife gets nothing. You need to apply for letters of administration but there is no fee as the estate is less than £5,000. Strictly speaking for the chief pedant on here you don't need to get probate but in view of the circumstances it makes it official and saves you having to explain to any aggrieved relatives.

The will being witnessed by a beneficiary does not make the will invalid. The will still stands but the beneficiary/witness cannot inherit.

g6jns_2

noh wrote: »

The will being witnessed by a beneficiary does not make the will invalid. The will still stands but the beneficiary/witness cannot inherit.

Apologies! You are correct. A severe case of brain fade!

me_again_2

It is in England.

So i exclude the daughter that signed as a witness (there was another witness who signed so thats ok)

But the 2 daughters can share any funds with the other daughter and the son as they see fit.

That is good to know. They all get on and want each of them to have an equal share anyway.

And the executor issue is not an issue then? Using her maiden name when she was married years before?

I think you have put my mind at rest. I can get on with the funeral arrangements now.

A big thank you.

Mojisola

me_again wrote: »

And the executor is another daughter but on the paperwork he put the family name and not her married name.

Presumably this is you? If not, why are you dealing with the will?

me_again_2

Its my partner who is also named as executor but they are not upto the task themselves. I know i could be the administrator but i just want the easy option.

Although i am doing all the arrangements if anything needs to be signed i send it off in her name and she signs for it.