Hypothetical "new will" question

AnotherJoe

The current "New Will" thread made me think.
Suppose you held a copy of X's will, because you were named as executor in it.And you met with X from time to time and all seemed normal.

Then X died and you started the process and perhaps handed all the bequests out. And then you, or someone else, discovered "new will", created without your knowledge, not even held in the house of X or with their belongings but filed elsewhere, perhaps with a solicitor in a different town, all perfectly valid, in which you were (a) not the executor and (b) all the bequests were different. And X had never mentioned this new will to you.

Or, less extreme case, you start the process, pay for the funeral, spend some considerable money sorting things out, and only latterly do you discover in a bank vault the "new will" naming a new executor.

What happens? Are you liable in the first case? Can you reclaim you expenses in he second?

Yorkshireman99

AnotherJoe wrote: »

The current "New Will" thread made me think.
Suppose you held a copy of X's will, because you were named as executor in it.And you met with X from time to time and all seemed normal.

Then X died and you started the process and perhaps handed all the bequests out. And then you, or someone else, discovered "new will", created without your knowledge, not even held in the house of X or with their belongings but filed elsewhere, perhaps with a solicitor in a different town, all perfectly valid, in which you were (a) not the executor and (b) all the bequests were different. And X had never mentioned this new will to you.

Or, less extreme case, you start the process, pay for the funeral, spend some considerable money sorting things out, and only latterly do you discover in a bank vault the "new will" naming a new executor.

What happens? Are you liable in the first case? Can you reclaim you expenses in he second?

Remember an executor can only act on the original will not a copy. If you had already applied for probate the other will could not be probated. With r4spect this forum is primarily intended to help real problem solving not hypothetical.

Flugelhorn

Interested to hear the answers to that - also what happens is a "new will" turns up after probate has been granted with the old one?

Mother's will was in her paperwork, untouched from the when it was written in 1987 but I half expected to find one leaving everything to the dogs' home

Flugelhorn

Yorkshireman99 wrote: »

Remember an executor can only act on the original will not a copy. If you had already applied for probate the other will could not be probated.

That has answered a part of my question - thanks!

AnotherJoe

OK so perhaps my Q could have been better phrased, such as what happens if a later will is discovered.

And whilst its theoretical now, it might help people to make choices, for example perhaps by posting a notice in The Gazette (which i didn't bother with) you might be protected against such eventualities and later discoveries ?

Yorkshireman99

The gazette notice only protecthe executor against claims from unexpected creditors after due notice. In any case as explained the hypothesis you postulated could not happen anyway. As I implied before please try to research elsewhere.

Dox

Yorkshireman99 wrote: »

Remember an executor can only act on the original will not a copy. If you had already applied for probate the other will could not be probated. With r4spect this forum is primarily intended to help real problem solving not hypothetical.

This forum is also a place to give accurate information rather than guesswork/patronising responses.

OP, the answer to your question is that the original grant could be revoked and the new will probated. Good explanation at https://www.bequeathed.org/wills/will-after-death/will-found-after-probate

Flugelhorn

Dox wrote: »

Good explanation at https://www.bequeathed.org/wills/will-after-death/will-found-after-probate

That is very interesting - thanks, wonder if it happened often that a later will has been found and the probate revoked? Also what happens if the bequests have been spent??

AnotherJoe

That link explains what happens, last couple of paragraphs. .

Flugelhorn

AnotherJoe wrote: »

That link explains what happens, last couple of paragraphs. .

So...

The recipient of any cash gifts (who would not be entitled to the legacy under the new will) may be liable for the full sum.

and if they have spent it / gambles it / given it away to the kids etc etc ?

Suspect this is fortunately a very rare event or some company would be offering insurance against a later will popping up a some point

AnotherJoe

Flugelhorn wrote: »

So...

and if they have spent it / gambles it / given it away to the kids etc etc ?

Suspect this is fortunately a very rare event or some company would be offering insurance against a later will popping up a some point

Then it will get legal !