Challenging Will

xylophone

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. 

She drafted the original mirror Wills and is confident they constitute a contract.

Has she confirmed that she drafted MUTUAL wills?

https://www.clarkewillmott.com/news/mutual-wills-should-you-have-them/#:~:text=Mutual Wills are Wills drawn,Will after the other dies.

Mutual Wills are Wills drawn up by at least two people and are signed following  an agreement between the individuals which it is intended should bind the survivor of them. Each individual agrees with the other not to alter their Will after the other dies. Mirror Wills, which are made in substantially the same terms, do not qualify as mutual Wills without that crucial agreement between the individuals that the survivor of them will be contractually bound not to alter their Will.

marleneb1

MovingForwards said:

Mirror wills are not binding on the survivor, they can and do get updated when the first person dies. Read your other thread again.

Thanks for your input. I know this is a possibility so no need to revisit my previous post. In fact, I was asking a completely different question, ie has anyone any knowledge or experience of people who advertise their services in return for charitable donations? I've not come across it before.

JGB1955

marleneb1 said:

Thanks for your input. I know this is a possibility so no need to revisit my previous post. In fact, I was asking a completely different question, ie has anyone any knowledge or experience of people who advertise their services in return for charitable donations? I've not come across it before.

It's very common... see Free Wills Month - Your Will Helping Great Charities
Not something I would subscribe to......

p00hsticks

marleneb1 said:

MovingForwards said:

Mirror wills are not binding on the survivor, they can and do get updated when the first person dies. Read your other thread again.

Thanks for your input. I know this is a possibility so no need to revisit my previous post. In fact, I was asking a completely different question, ie has anyone any knowledge or experience of people who advertise their services in return for charitable donations? I've not come across it before.

Not sure if it's the same as the circumstances you describe, but my will was drafted by a local solicitor during 'will aid' month in return for a charitable donation rather than a straight off payment.

It's a charity initiative whereby solicitors sign up to offer their services for free and instead you are asked to make a donation to charity instead of paying the solicitor for the service. There is no obligation to leave any charity a bequest in your will

https://www.willaid.org.uk/

As far as I'm aware it happens every year and is quite widely publicised, including on this site.

marleneb1

xylophone said:

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. 

She drafted the original mirror Wills and is confident they constitute a contract.

Has she confirmed that she drafted MUTUAL wills?

https://www.clarkewillmott.com/news/mutual-wills-should-you-have-them/#:~:text=Mutual Wills are Wills drawn,Will after the other dies.

Mutual Wills are Wills drawn up by at least two people and are signed following  an agreement between the individuals which it is intended should bind the survivor of them. Each individual agrees with the other not to alter their Will after the other dies. Mirror Wills, which are made in substantially the same terms, do not qualify as mutual Wills without that crucial agreement between the individuals that the survivor of them will be contractually bound not to alter their Will.

xylophone said:

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. 

She drafted the original mirror Wills and is confident they constitute a contract.

Has she confirmed that she drafted MUTUAL wills?

https://www.clarkewillmott.com/news/mutual-wills-should-you-have-them/#:~:text=Mutual Wills are Wills drawn,Will after the other dies.

Mutual Wills are Wills drawn up by at least two people and are signed following  an agreement between the individuals which it is intended should bind the survivor of them. Each individual agrees with the other not to alter their Will after the other dies. Mirror Wills, which are made in substantially the same terms, do not qualify as mutual Wills without that crucial agreement between the individuals that the survivor of them will be contractually bound not to alter their Will.

Not so far - we've only just instructed her. She will have to review the wording of both Wills but I'm not sure what precise wording sets one apart from the other - is thete crucially a specific clause that incorporates this wording? My father was certainly of the opinion that the Wills could not be changed or revoked.

Mojisola

marleneb1 said:

She drafted the original mirror Wills and is confident they constitute a contract.

Ask her to show you an example of a case where this was successful.

Mojisola

marleneb1 said:

She will have to review the wording of both Wills but I'm not sure what precise wording sets one apart from the other - is thete crucially a specific clause that incorporates this wording? My father was certainly of the opinion that the Wills could not be changed or revoked.

Mutual wills will have a clause that confirms that both parties agree to be bound by the terms of the wills and accept that the survivor will not be able to revoke that will and make a new one.

marleneb1

Mojisola said:

marleneb1 said:

She will have to review the wording of both Wills but I'm not sure what precise wording sets one apart from the other - is thete crucially a specific clause that incorporates this wording? My father was certainly of the opinion that the Wills could not be changed or revoked.

Mutual wills will have a clause that confirms that both parties agree to be bound by the terms of the wills and accept that the survivor will not be able to revoke that will and make a new one.

This is what I'm trying to establish  - xylophone's response above suggests this isn't necessarily the case. Have you seen an example of this clause so that I can actually see if it's in the Wills?

sassyblue

marleneb1 said:

We're not actually going down that particular route but I just wanted to know if anyone had knowledge of this type of Will drafting service? It seems to me to be at the least questionable - I'm guessing the Will drafter gets a commission from the charities that receive a bequest. 

marleneb1 said:

Browntoa said:

Her estate , her choices , if it was properly witnessed then there are very few ways to successfully challenge. 

You were not financially dependent on her in any way , your options for challenging look very slim .

You are likely to swallow up what you would receive in legal fees.

Thanks. You sound very sure of what you state. Can you elucidate please? Are you a probate solicitor? I don't want to spend money I can't really afford. My solicitor is asking for a deposit of £500 plus VAT because she thinks I have a case.

You weren't going to sue in the post before? 

I think the advice that you will swallow up any potential inheritance in legal fees is spot on sadly.

xylophone

https://www.brewin.co.uk/insights/mirror-wills-and-mutual-wills

may be worth a read.