Disputing validity of Will

Ganga

Savvy_Sue said:

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 ... 

Not saying it is morally correct BUT a later signed and witnessed will trumps an earlier one ,also it can cost a lot of money to legally fight over them in a court of law.

p00hsticks

Ganga said:

Savvy_Sue said:

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 ... 

Not saying it is morally correct BUT a later signed and witnessed will trumps an earlier one ,also it can cost a lot of money to legally fight over them in a court of law.

EXCEPT in the rare cases where the earlier will is a mutual one which cannot be revoked.....

dianadoors

I believe my parents solicitor made mutual wills but now has a newer will made just by my father.Is there a way we can force the solicitor to cough up the mutual wills.I believe he is untrustworthy

p00hsticks

dianadoors said:

I believe my parents solicitor made mutual wills but now has a newer will made just by my father.Is there a way we can force the solicitor to cough up the mutual wills.I believe he is untrustworthy

What makes you think that it was a mutual will rather than mirror wills ? As discussed in this thread, the former are pretty unusual - mirror wills would be far more likely, and can be superceded by either party. Do you have sight of your mothers will, which presumably would be identical (but with the names reversed) ?

Are both your parents still alive ?

dianadoors

No,my mother died in 2016 and my sisters were made executors of my father's will which was changed.I think fraud has been committed,probate was definitely not correct and my son(a beneficiary) of my father's will was told that my father had debts?He has not received any will to peruse or any money?

Marcon

dianadoors said:

No,my mother died in 2016 and my sisters were made executors of my father's will which was changed.I think fraud has been committed,probate was definitely not correct and my son(a beneficiary) of my father's will was told that my father had debts?He has not received any will to peruse or any money?

In what way was probate 'definitely not correct' and what hard evidence do you have? You will need to demonstrate this before any action can be taken.

No reason your son would have been given a copy of the will to 'peruse'. If probate has been granted, then you can download a copy for £1.50: https://www.gov.uk/search-will-probate (if in England/Wales - there are links to Scotland and NI if needed on the link given). 

Flugelhorn

dianadoors said:

I believe my parents solicitor made mutual wills but now has a newer will made just by my father.Is there a way we can force the solicitor to cough up the mutual wills.I believe he is untrustworthy

as has been mentioned, mutual wills are unusual these days and suspect most solicitors would avoid them. Best download a copy of the will and see what it says