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Messy probate situation with children fighting with stepmother!
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getmore4less wrote: »It would be quite unusual for a solicitor drawn up will and codicil not be kept together.
Edit: Sorry, to clarify that a bit - she had a copy of the original will from 2002 but when she went to the solicitor there was the original with the codicil attached. Her version in the box file at home did not have the codicil attached.0 -
So they started without having a clue the copy was still a copy of the current will.0
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W starts to act as sole executor, shutting down some accounts belonging to D and putting them into a new account opened for estate funds. She uses some of the funds to pay for funeral expenses and other testamentary bits & pieces.
As the will is complex, W is advised by financial adviser to visit a solicitor for advice, which she does. At this point she is made aware of D1 & D2 being added as executors.Edit: Sorry, to clarify that a bit - she had a copy of the original will from 2002 but when she went to the solicitor there was the original with the codicil attached. Her version in the box file at home did not have the codicil attached.
It's shocking that she started administering the estate on the basis of a copy of a will.
There could have been a completely new will made which didn't name her as an executor at all.0 -
Possibly unwise but not "shocking". They were husband and wife ...0
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She didn't have the will either - it was lodged at the "family" solicitor that D used. It was when she went for guidance to that same solicitor that she was told that there was a codicil. D didn't ever let W anywhere near finances/legal docs.
Edit: Sorry, to clarify that a bit - she had a copy of the original will from 2002 but when she went to the solicitor there was the original with the codicil attached. Her version in the box file at home did not have the codicil attached.mrschaucer wrote: »Possibly unwise but not "shocking". They were husband and wife ...
when they knew they had no idea?0 -
mrschaucer wrote: »Possibly unwise but not "shocking". They were husband and wife ...0
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How does ANYONE know for certain that any will they have is the most recent? What if he'd done another one just months before his death and had it witnessed elsewhere and lodged with, I don't know, the minister at church? Some of you need a bit of a reality check I think!0
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No one really knows they have the latest will but having no will(as in this case) is a known.0
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Especially odd when the deceased seems to have written the codicil and then not told anybody about it: not just not told the wife but not told the children whom he wanted to act as executors. And the moral of the story is ...0
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