Testator predeceased by trustee

MrsMS

I actually believe it possible that my Dad has a more recent will. After his wife died in 2014. Although, I have searched tirelessly and am now out of options.
He was a very astute business man and I think that he would have kept his will up to date.
At his home I found many references of "how to leave your estate in death" Saved pages on his phone, newspaper clippings ect.
So sad that he researched but maybe he never actually got around to use his knowledge,to effect.
He thought he had another good 20years in him

Jenniefour

MrsMS wrote: »

Is it possible to somehow make the will invalid and then enter intestate. I have heard that intestate means high IHT

No, you can't "make" a will invalid. What you can do is make legal variations with a DOV, providing the beneficiaries/beneficiary who are/is going to be disadvantaged agrees to do so, as YM and Linton have said.

Don't know where you heard that intestate equals higher IHT, it's simply not true.

I think you need paid for legal advice here.

Lorian

MrsMS wrote: »

I also have another sibling that isn't included at all. the reason is unknown. My father was a kind loving father and it astonishes me that he would leave a child out of his will.

Assuming sibling 3 existed at the time the will was written I think it's unlikely that they were forgotten.

With regards to the ademption by extinction, I guess there is a chance he'd have forgotten the terms of his will but I think the timeframe lessens this possibility.

Jenniefour

MrsMS wrote: »

I actually believe it possible that my Dad has a more recent will. After his wife died in 2014. Although, I have searched tirelessly and am now out of options.

In that case contact the solicitor who drew up the will you already have - if your father made a more recent will it's likely they will have it.

MrsMS

Reading back through my replies
to you all, it seems that I know what I need to do....... I need to share this legacy between all of us equally. Its the right thing to do xx

Tom99

MrsMS wrote: »

I actually believe it possible that my Dad has a more recent will. After his wife died in 2014. Although, I have searched tirelessly and am now out of options.
He was a very astute business man and I think that he would have kept his will up to date.
At his home I found many references of "how to leave your estate in death" Saved pages on his phone, newspaper clippings ect.
So sad that he researched but maybe he never actually got around to use his knowledge,to effect.
He thought he had another good 20years in him

[FONT=Verdana, sans-serif]Since you are the beneficiary who has inherited more and can easily put this right in accordance with your father's wishes why are you so worried about the will not being updated?[/FONT]

MrsMS

Jenniefour wrote: »

In that case contact the solicitor who drew up the will you already have - if your father made a more recent will it's likely they will have it.

I have emailed every law firm within a 20 mile radius. I email all the major banks and financial advisors. I contacted the law society and conducted a 'certainty' search.
I dont know where else to look

Jenniefour

MrsMS wrote: »

Reading back through my replies
to you all, it seems that I know what I need to do....... I need to share this legacy between all of us equally. Its the right thing to do xx

That's your choice but do it in the proper legal way - having checked with solicitor first there is not a more recent will. You mention IHT, so I assume that the estate is worth enough for IHT to be due. It's not possible to tell from your posts if that is the case or not, but there is a hefty allowance for married couples which would apply in this case.

It can be difficult for lay executors to fully understand their obligations and how to carry them out, and there's no reason why lay executors should know anything either. For that reason, in your shoes, I would at least be getting some sound paid for legal advice about the way forwards with all this, especially as you are considering sharing your fathers estate equally between the three of you.

Jenniefour

MrsMS wrote: »

I have emailed every law firm within a 20 mile radius. I email all the major banks and financial advisors. I contacted the law society and conducted a 'certainty' search.
I dont know where else to look

OK. I assume this includes the solicitor who drew up the will you have. I say that because my own will has been drawn up by a solicitor 200 miles away, as they are the law firm my family have always used for wills and other matters.

MrsMS

Jenniefour wrote: »

That's your choice but do it in the proper legal way - having checked with solicitor first there is not a more recent will. You mention IHT, so I assume that the estate is worth enough for IHT to be due. It's not possible to tell from your posts if that is the case or not, but there is a hefty allowance for married couples which would apply in this case.

It can be difficult for lay executors to fully understand their obligations and how to carry them out, and there's no reason why lay executors should know anything either. For that reason, in your shoes, I would at least be getting some sound paid for legal advice about the way forwards with all this, especially as you are considering sharing your fathers estate equally between the three of you.

Thank you Jenniefour x