Disputing validity of Will

marleneb1

My father and stepmother made mirror wills 10 years ago, just prior to my father's death. My stepmother has since died, along with my sister who was joint Executor of both wills. The remaining Executor, my stepmother's niece, 'found' a new Will at the property which apparently alters the terms of the original mirror wills. The Executor has refused to let me see the new Will but I have been informed by her solicitor that I have been left a sum of money, rather than an equal share in the Estate, along with my brother. We believe that the Executor is now the main beneficiary. 
I have entered a Caveat in the Register to halt the grant of Probate as the Executor is refusing to allow me to see the new Will or have any details.  My father told us when he and his wife had the wills drawn up that they could not be altered so I'm hoping this is true. I know there are different types of mirror Will and wondered if anyone is knowledgeable about this? I'd be very grateful for any advice. Thank you.

JJ_Egan

Not unusual for a NEW will to be made , it is 100% legal .

 

xylophone

https://www.rocketlawyer.com/gb/en/quick-guides/mirror-wills#:~:text=Mirror wills are virtually identical,and then to their children.

What are the problems with mirror wills?

Either party is free to change their will at any time. Although a couple's wishes may be identical, their respective wills are theirs alone. Therefore, trusting your partner is vital because if you decide to change your will, you do not have to tell your partner (and they do not have to tell you either). This is particularly significant if after your death, your partner remarries or has children with somebody else (ie they could decide to change their will and subsequently pass on your assets to people you do not want(.

Not to be  confused with JOINT WILLS

https://www.alllaw.com/articles/nolo/wills-trusts/joint-wills-married-couples.html#:~:text=Most joint wills also contains,after the first spouse dies.&text=But a joint will is,after one spouse has died.

What Is a Joint Will?

Typically, a joint will provides that:

• when one spouse dies, the survivor will inherit everything, and
• when the second spouse dies, everything will go to the children.

Most joint wills also contains a provision stating that neither spouse can change or revoke the will alone—which means that the will can't be changed after the first spouse dies. A conventional will is always revocable. But a joint will is really a binding legal contract, which cannot be revoked or changed after one spouse has died.

pphillips

There's a big difference between mirror wills and mutual wills. Mirror will give the testator total freedom to revoke their wills and make new ones, whereas a mutual will is legally binding on the testator.

marleneb1

pphillips said:

There's a big difference between mirror wills and mutual wills. Mirror will give the testator total freedom to revoke their wills and make new ones, whereas a mutual will is legally binding on the testator.

This is what I mean. I believe the Wills were mutual when they were made as my father told me they couldn't be changed. I recall my stepmother asking the solicitor who drew up the Wills if she could make a change a few years following my father's death  ie to basically disinherit my brother as she doesn't like him, and she told us the solicitor had said she could not do that. The new Will was not drawn up by the original solicitor but by someone off the Internet offering a Will service in exchange for a charitable donation. 
If the original Wills were mutual I wonder how you'd go about proving that, and would this make the new Will invalid?

Sea_Shell

How do you (would you) tell the difference?

Does a mutual will have to have a special wording and/or be witnessed differently?  Like by solicitors only?

Is a mutual will essentially just one document covering both deaths, rather than one each?

p00hsticks

Did your father's estate have to go through probate ? If so, then you can get a copy of his will and this would indicate if it was a mutual will rather than a mirror one ... Presumably your step-mothers would be the same.

pphillips

marleneb1 said:

pphillips said:

There's a big difference between mirror wills and mutual wills. Mirror will give the testator total freedom to revoke their wills and make new ones, whereas a mutual will is legally binding on the testator.

This is what I mean. I believe the Wills were mutual when they were made as my father told me they couldn't be changed. I recall my stepmother asking the solicitor who drew up the Wills if she could make a change a few years following my father's death  ie to basically disinherit my brother as she doesn't like him, and she told us the solicitor had said she could not do that. The new Will was not drawn up by the original solicitor but by someone off the Internet offering a Will service in exchange for a charitable donation. 
If the original Wills were mutual I wonder how you'd go about proving that, and would this make the new Will invalid?

I believe that a mutual will is written for two people. The proof will be in the wording of the will, it will be clear from reading it that the testators intends to be bound by its terms. If it is a mutual will, equity requires the court to disregard the new one.

xylophone

My stepmother has since died, along with my sister who was joint Executor of both wills. 

It seems that probate was granted in respect of your father's will.

You can obtain a copy 

https://www.gov.uk/search-will-probate

Does the wording indicate a joint (mutual) will?  See link in my post above.

Manxman_in_exile

I remember another poster on here a couple of years ago referencing a recent court case about mutual wills.  I think it was this one - the facts are completely different from the OP's situation but it had an interesting discussion around the law of mutual wills:
  Daughters establish inheritance by proving parents' wills were mutual | STEP

Legg & Anor v Burton & Ors [2017] EWHC 2088 (Ch) (11 August 2017) (bailii.org)

And this earlier case:   Mutual trusts: clear as mud | STEP

Savvy_Sue

marleneb1 said:
The new Will was not drawn up by the original solicitor but by someone off the Internet offering a Will service in exchange for a charitable donation. 

One would hope a 'proper' solicitor would ask to look at the original wills and proceed accordingly. Someone off the internet offering a Will service in exchange for a charitable donation, not so much ...