another probate question

kazzah · 3 January 2018 at 12:55PM

Tom99 wrote: »

Yes you will both need to sign everything which will be a pain.

Are the children just yours or your sister's as well and are they under 18?

yes the children are mine and my sisters and they are all over 18

kazzah · 3 January 2018 at 1:00PM

TBagpuss wrote: »

If you both act as executors you will both need to sign documents,but you don't normally need to go into a branch or to both sign at the same time.

Normally what would happen is that one of you would sign the forms, send them on to the other, who would counter-sign them and send them on to the bank / other organisation.

You and she may each need to separately go into a branch to provide ID to set up an executors account so it would be sensible to try to agree on which bank to use, and to pick one which has branches near where you each live.

Have you and your sister fallen out? It's sad that your sister and brother fell out but if you and your sister are on good terms you should be able to work together.

You will both need to apply together for probate so do check that you and she are not duplicating work by each separately getting advice to complete the oath - normally you would both sign the same document, although you can do this at different times and locations from each other.

sadly despite my efforts to initiate an ongoing relationship with mys sister prior to my brothers death and since it- she has indicated that she prefers not to have an ongoing relationship with me.
thank you for your help - I do appreciate it.

PeacefulWaters · 3 January 2018 at 1:45PM

kazzah wrote: »

He crossed her name off the will where it said " I appoint my sisters xxxx of xxxx and xxxx of xxxx to be executors and trustees of my will.

The will he altered had been drawn up by a solicitor

but he hadn't initialled the alteration nor asked his solicitor to change the will - i suspect he had intended to - but simply was too unwell to organise it.

Before doing anything, I'd seek opinion on whether or not this will is legally valid.

It certainly doesn't sound like a valid codicil. And there's a reasonable chance it's invalidated the whole thing.

kazzah · 3 January 2018 at 10:14PM

PeacefulWaters wrote: »

Before doing anything, I'd seek opinion on whether or not this will is legally valid.

It certainly doesn't sound like a valid codicil. And there's a reasonable chance it's invalidated the whole thing.

I have had a chance to speak to a solicitor about it and apparently it won't make any difference as it is a copy of the will - they hold the original - thanks