Error in will

Pinkbutterfly

My mother has recently died and I am one of 2 executors. My mother has left me and my brother half her flat but I have discovered that the will has the wrong name for my brother, it has the name of one of the other executor clearly in error as it says "....son xyz". My mother did not pick up on this when she checked it but has the correct name in my step-father's which is a mirror of hers. Therefore the error is the will companies but they want £350. + vat to do a change.

If all the executors are in agreement can we daw up our own codicile and sign it and witness it?

Yorkshireman99

You need to get paid for legal advice because your mother's will may be invalid because of the error.

Manxman_in_exile

If your mother is dead, how can the will company "change" her will?


Get legal advice as suggested by Yotkshire man.

Yorkshireman99

Manxman_in_exile wrote: »

If your mother is dead, how can the will company "change" her will?


Get legal advice as suggested by Yotkshire man.

I think the OP was referring to the mirror will of the step father. He is still alive.

Manxman_in_exile

Yorkshireman99 wrote: »

I think the OP was referring to the mirror will of the step father. He is still alive.

I understood the OP to mean that the step-father's will had the correct name in it so doesn't need changing(?). It's only the mother's will that is wrong.


Will writing companies...

SevenOfNine

My condolences.

Though the will writing company made the initial error, your mum compounded that by signing it, sadly. They can ask for payment to change it which would achieve absolutely nothing, the 'new' will cannot be signed.

YM99 is correct, the best thing you can do is consult a proper solicitor on the best way forward now. Definitely don't line the pocket of this will writing company further.

Keep_pedalling

Yes you need legal advice, but if all the beneficiaries are in agreement this should not be to difficult to resolve. If this error disinherits your brother the two remaining beneficiaries can do a deed of variation to make sure he gets his fair share.

It is also possible that the whole will is invalid, in which case intestacy rules come into effect, but again a deed of variation will be able to put your mother's true wishes in place.

Manxman_in_exile

Keep_pedalling wrote: »

Yes you need legal advice, but if all the beneficiaries are in agreement this should not be to difficult to resolve. If this error disinherits your brother the two remaining beneficiaries can do a deed of variation to make sure he gets his fair share.

It is also possible that the whole will is invalid, in which case intestacy rules come into effect, but again a deed of variation will be able to put your mother's true wishes in place.

This is probably a hypothetical question here, but the problem is that mum's will (for whatever reason) names the wrong beneficiaries. what if the named beneficiaries can't agree? Who is to say that the beneficiaries specified in mum's will were wrong? She executed it. The will is the will that mum left. How does any potential beneficiary prove this was a mistake?


I'm sure in this case the executor mistakenly named as a beneficiary will do the right thing. But what if they won't? And is the excluded beneficiary named as an executor? (Will company mix up between executors and beneficiaries?).


And despite the intention to create mirror wills how do you establish that what mum executed isn't what she intended? Why should the will be found invalid because potential beneficiaries think the names are wrong?

Yorkshireman99

Manxman_in_exile wrote: »

This is probably a hypothetical question here, but the problem is that mum's will (for whatever reason) names the wrong beneficiaries. what if the named beneficiaries can't agree? Who is to say that the beneficiaries specified in mum's will were wrong? She executed it. The will is the will that mum left. How does any potential beneficiary prove this was a mistake?


I'm sure in this case the executor mistakenly named as a beneficiary will do the right thing. But what if they won't? And is the excluded beneficiary named as an executor? (Will company mix up between executors and beneficiaries?).


And despite the intention to create mirror wills how do you establish that what mum executed isn't what she intended? Why should the will be found invalid because potential beneficiaries think the names are wrong?

If there was no agreement then it would probably end up in court for a ruling and after mediation had failed. IMHO the will could be invalid because of the uncertainty.

Manxman_in_exile

Pinkbutterfly wrote: »

My mother has recently died and I am one of 2 executors. My mother has left me and my brother half her flat but I have discovered that the will has the wrong name for my brother, it has the name of one of the other executor clearly in error as it says "....son xyz". My mother did not pick up on this when she checked it but has the correct name in my step-father's which is a mirror of hers. Therefore the error is the will companies but they want £350. + vat to do a change.

If all the executors are in agreement can we daw up our own codicile and sign it and witness it?

WARNING TO OP - they can't change the will after the testator has died. Get away from the will writing company because they can't do anything any more. Get proper legal advice. 1. Is the will invalid because of the mistake. 2. If your step-father is still alive he should take action against the will writing company for making the simple mistake of getting the mirror wills wrong. (Unbelievable!).


EDIT: I don't know if your stepfather has a cause of action or not, but the will writing company clearly did not do what they were contrcted to do. Complain to them for his fees (or at least half of them) back.


Problem is your mum signed the will without checking it properly.

Yorkshireman99

Manxman_in_exile wrote: »

WARNING TO OP - they can't change the will after the testator has died. Get away from the will writing company because they can't do anything any more. Get proper legal advice. 1. Is the will invalid because of the mistake. 2. If your step-father is still alive he should take action against the will writing company for making the simple mistake of getting the mirror wills wrong. (Unbelievable!).


EDIT: I don't know if your stepfather has a cause of action or not, but the will writing company clearly did not do what they were contrcted to do. Complain to them for his fees (or at least half of them) back.


Problem is your mum signed the will without checking it properly.

Agreed. I suspect the will company will just say the client checked but I don't know how the court would judge that.