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2 wills

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callumjodiecallumjodie Forumite
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My late mother left 2 wills the first one written in 2015 typed and witnessed by solicitors 
The second not dated and handwritten scruffily (due to meds) is signed by her only
Will 2 is different and was a will she discussed with myself and the executor months before her death

The first will has been decided upon but I feel the second is more equal can I contest the first will. 

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  • tacpot12tacpot12 Forumite
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    No, not unless you are financially dependent on your mother and she didn't provide for you in her will; or the first will is also invalid in some way. Your best option is try to persuade the other beneficiaries that a more equal settlement would be fairer, and get them to agree to a deed of variation. 
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always check official information sources before relying on my posts.
  • MalthusianMalthusian Forumite
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    Assuming that the second Will wasn't witnessed and dated, it's worthless, as you've probably already guessed.
    Her executors are legally bound to distribute her estate in accordance with her wishes as expressed in the Will she bothered to get validly witnessed.
    Would the beneficiaries of the first Will be open to giving up some of the estate to you?
    If not you need professional advice from a solicitor specialising in contentious probate to take this further. There's no information in your post that indicates you have a hope of success.
  • MarconMarcon Forumite
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    My late mother left 2 wills the first one written in 2015 typed and witnessed by solicitors 
    The second not dated and handwritten scruffily (due to meds) is signed by her only
    Will 2 is different and was a will she discussed with myself and the executor months before her death

    The first will has been decided upon but I feel the second is more equal can I contest the first will. 
    You can  always contest, but the second will is clearly invalid. Taking legal advice won't change that. it's hard to see the grounds on which your action would succeed unless you were financially dependent on your mother at the time of her death and believe she should have made provision for you - a notoriously difficult thing to do.

    As you've admitted, she discussed the will with you and the executor months before her death, but even though she had months in which to change it, she did not do so, which would undermine any such claim.
  • edited 3 August at 9:18PM
    xylophonexylophone Forumite
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    edited 3 August at 9:18PM
    My late mother left 2 wills the first one written in 2015 typed and witnessed by solicitors 
    The second not dated and handwritten scruffily (due to meds) is signed by her only

    Apart from anything else, even were this will properly witnessed, the beneficiaries of the first will might contest on the basis of impaired  capacity and undue influence.

  • callumjodiecallumjodie Forumite
    2 posts
    First Post
    MoneySaving Newbie
    Thank you everyone for your info I did kind of guess as much. 
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