Will contested and distribution

jackieblack

Hitting said:

Mojisola said:

Hitting said:

Is it possible to have two different mirror wills, where the surviving spouse decides which will would be relevant to use?

Not officially because whichever will was signed last would be the valid will but that wouldn't stop the testator destroying the later will if they wanted the previous will to stand.

There is nothing stopping the survivor writing a completely different will if they don't want to go ahead with the mirror will.

The now rarely-used joint wills couldn't be changed after the death of the first person but a mirror will can be changed at any time.

Are you saying that a surviving spouse can write a new Will although the deceased was instrumental in writing the original mirror will?....thus changing deceased wishes!

Yes, they can 
Either party is free to make a new will anytime they choose, before or after the death of their partner, just like everyone else is.

Marcon

Hitting said:

Mojisola said:

Hitting said:

Is it possible to have two different mirror wills, where the surviving spouse decides which will would be relevant to use?

Not officially because whichever will was signed last would be the valid will but that wouldn't stop the testator destroying the later will if they wanted the previous will to stand.

There is nothing stopping the survivor writing a completely different will if they don't want to go ahead with the mirror will.

The now rarely-used joint wills couldn't be changed after the death of the first person but a mirror will can be changed at any time.

Are you saying that a surviving spouse can write a new Will although the deceased was instrumental in writing the original mirror will?....thus changing deceased wishes!

Of course they can. Happens all the time - which is why some people use trusts, particularly where second marriages/stepchildren may be involved.

Hitting

Interesting!....why have a Will before d....i

Marcon

Hitting said:

Interesting!....why have a Will before d....i

One of the reasons why it's important to get qualified professional help when writing a will, to ensure that these things are properly understood. 

Sea_Shell

Marcon said:

Hitting said:

Interesting!....why have a Will before d....i

One of the reasons why it's important to get qualified professional help when writing a will, to ensure that these things are properly understood. 

It's also a matter of trust.   That your partner/spouse/mirror testator won't rewrite their will after you've passed.

They come into their own if you die together or within a short time frame...but over the long term, life can get in the way, and the survivors wishes may change.

naedanger

Hitting said:

Interesting!....why have a Will before d....i

To stipulate what happens with your own estate after your own death. (But you cannot stop someone you leave your money to subsequently changing their own will. So if you leave all your property to someone on the understanding they will, on their own death, leave it to someone of your choosing, you cannot be certain of achieving that through a simple will.)

Hitting

naedanger said:

Hitting said:

Interesting!....why have a Will before d....i

To stipulate what happens with your own estate after your own death. (But you cannot stop someone you leave your money to subsequently changing their own will. So if you leave all your property to someone on the understanding they will, on their own death, leave it to someone of your choosing, you cannot be certain of achieving that through a simple will.)

Understood.....but I was interested in one being able to alter the deceased Will after their death.....which previous posts suggest you can!?

Mojisola

Hitting said:

Understood.....but I was interested in one being able to alter the deceased Will after their death.....which previous posts suggest you can!?

The survivor can change their own will.

The deceased's will can be changed through a deed of variation although that requires the agreement of all those adversely affected by the changes.

Manxman_in_exile

Hitting said:

naedanger said:

Hitting said:

Interesting!....why have a Will before d....i

To stipulate what happens with your own estate after your own death. (But you cannot stop someone you leave your money to subsequently changing their own will. So if you leave all your property to someone on the understanding they will, on their own death, leave it to someone of your choosing, you cannot be certain of achieving that through a simple will.)

Understood.....but I was interested in one being able to alter the deceased Will after their death.....which previous posts suggest you can!?

The surviving spouse (presuming we are talking about a married couple) can't change the will of the deceased spouse (ignoring Deeds of Variation for the moment), but there's nothing to stop them changing their own will.

Happened with my older brother.  He and his wife made mirror wills leaving everything to the other spouse or, if they died together, to their two children.  Wife died and a couple of years later he re-married.  The marriage of course revoked his earlier mirror will but, although he had re-married, everyone sort of expected his new will to at least follow the spirit of the earlier will, if not its detail.  Unfortunately for his children, when he died it turned out he'd left everything to his second wife with only (very) token bequests to the children.  As they were adults and were not dependent on him they had no remedy.

This is why some testators resort to trusts and various other devices like life interests etc to protect the future inheritances of step-children etc.

Mutual wills (as opposed to mirror wills) can't be changed after the death of the first spouse, but are extremely difficult to prove and are very rare.  The courts don't like them because the basic rule in this country is that so long as you are the outright owner of something, you can leave it to whomever you like.  (There is a different rule in Scotland).

Bolt1234

Could I ask a question please.  Not for me but a relative told me that ANYONE can challenge a will and the funding will come out of the estate of the dead person.  I told him that cannot be true but that I thought certain relatives might be able to do something - what is correct please?

Is this SIL wanting to challenge the will because she thinks the estate will fund her claim and will they?

Effectively she has nothing to lose.