Help

Usinnit_2

I'm not really sure how this cgt thing works a little more info would be helpful. The property would only value at about 100000 and my mother in law had 7 children so god knows what all this will mount to. We have also been advised today of more dodgy dealing. Apparently his sister was supposed to be a witness to the will signing but up on her arrival she was advised by the daughter she was no longer needed. As a stranger (lock Smith man) had already signed as the witness along with herself. So not only is she a witness to the will she is also the executor and sole beneficiary to everything. Things just don't add up.

getmore4less

Usinnit wrote: »

I'm not really sure how this cgt thing works a little more info would be helpful. The property would only value at about 100000 and my mother in law had 7 children so god knows what all this will mount to. We have also been advised today of more dodgy dealing. Apparently his sister was supposed to be a witness to the will signing but up on her arrival she was advised by the daughter she was no longer needed. As a stranger (lock Smith man) had already signed as the witness along with herself. So not only is she a witness to the will she is also the executor and sole beneficiary to everything. Things just don't add up.

woops. A witness can't be a beneficiary.

Savvy_Sue

getmore4less wrote: »

woops. A witness can't be a beneficiary.

Yup, she may have truly shot herself in the foot there!

Usinnit_2

Yup that's what I'd read. The whole keeping people away. Seeing a solicitor 2 days after the death. Ignoring everyone. I think she truely believes she's going to get everything. As we have had 15 years of being told we are entitled to my mother in law assets his sisters being told 3 weeks before the will signing we were receiving everything. Just makes us think he wasn't aware properly and the daughter has but pressure on him to do all this. Well if all goes well she'll get a sharp shock. All his sisters and brother (the deceased ) have been in touch and are all applaud by her behaviour and have said they will stand as witnesses against her and confirm what he'd said all these years and as far as they are concerned they no longer want anything to do with the daughter. Looking at the house deed it looks like we don't need that but nice to know the support is there.

macman

If what you say is correct then the will is invalid, as it has not been correctly witnessed.
The executor can be a beneficiary, but not a witness.
Therefore the rules of intestacy will apply: the estate will be divided among the seven children in equal shares.

TonyMMM

A beneficiary signing as a witness doesn't invalidate a will, but it does mean any bequest left to them fails and is re-distributed as part of the estate.

Mojisola

TonyMMM wrote: »

A beneficiary signing as a witness doesn't invalidate a will, but it does mean any bequest left to them fails and is re-distributed as part of the estate.

And any bequest left to their spouse.

getmore4less

Wonder if this will will do a disappearing act.

macman

So the OP gets one sixth, rather than one seventh. Even better.

getmore4less

if the beneficial interest of the MIL(died 15y ago) is established then her children share that.

The partners share most likely falls into the residue of the new will so will go to his kids, less the witness/executor.

it is not clear which kids fall into which group.

if these are two seperate groups 7 off the MIL and 2 of the partner, it is looking like 1/2 get split 7 ways and the other 1/2 ends up with the brother.