What happens if an invalid will is sent to probate office?

MrsR1234

It was a handwritten one, so no solicitor. She told my sister where everything was, and at this stage no older will has been declared by her.

It appears that she is now going to seek legal advice, as she wants to carry out what was written.

Yorkshireman99

MrsR1234 wrote: »

It was a handwritten one, so no solicitor. She told my sister where everything was, and at this stage no older will has been declared by her.

It appears that she is now going to seek legal advice, as she wants to carry out what was written.

The solicitor WILL tell her it is invalid. Also note the probate office check HOME made wills extra carefully.

Keep_pedalling

Did your mother actually own any assets that require probate? If her estate just consists of cash savings and personal chattels there is a good chance probate is not required.

unforeseen

Yorkshireman99 wrote: »

That is not the correct way to do it. The executor needs to get the Probate Office to ek if h will is valid or not. That MUST be done BEFORE an LOA is applied for instead.

Apart from which it is a guaranteed way to start a family war

Keep_pedalling

MrsR1234 wrote: »

It was a handwritten one, so no solicitor. She told my sister where everything was, and at this stage no older will has been declared by her.

It appears that she is now going to seek legal advice, as she wants to carry out what was written.

You say she wants to carry out what is written, it you and any other sibling are in agreement with that, then it is simply a matter of applying for letters of administration and making a deed of variation to cover any wishes that are not inline with intestacy rules.

If there are disagreements, then you need to consider whether the amounts involved are worth a huge family bust up, or wether to simply go along with your mother’s wishes. If there is no doubt that this is what your mother wanted, then the wise thing to do is to go along with them.

Yorkshireman99

Keep_pedalling wrote: »

You say she wants to carry out what is written, it you and any other sibling are in agreement with that, then it is simply a matter of applying for letters of administration and making a deed of variation to cover any wishes that are not inline with intestacy rules.

If there are disagreements, then you need to consider whether the amounts involved are worth a huge family bust up, or wether to simply go along with your mother’s wishes. If there is no doubt that this is what your mother wanted, then the wise thing to do is to go along with them.

It may be wise but not legal. The executors must follow the rules unless everyone agrees to DOV. In fact the DOV is done by the beneficiaries AFTER the distribution. As you say a recipe for a full scales family row.

Manxman_in_exile

Savvy_Sue wrote: »

Unless there is an older will which IS valid.

Or there could be a more recent valid will.


Any valid will will (!) suffice.