Reactivating a previous Will to supercede final Will

Pedmore_gent

Probate on my father's will was stopped when my eldest brother submitted a caveat. Following a warning, this has now been made permanent following an appearance to Probate. The caveat mentioned a later Will had been made by my father.

I have now received a letter from my brother's Solicitor LP with a copy of the 'new' Will. The Solicitor says my father has reexecuted the previous Will made? The Solicitor says my Father reconsidered the distribution of his estate and wanted to revert to the earlier Will which omitted my brother's children from receiving a proportion of his share. On the face of the earlier Will it has been signed by my father and witnessed and countersigned by two adults. This the Solicitor says has reactivated this Will.

The later Will submitted to Probate mentions in the first line "Revoking all previous Wills and Testamentary dispositions'' so is it possible to reactivate a previous Will? 

Looking at the date, the earlier Will was signed by my father (ie a Saturday) and the people who witnessed this Will, suggests to me a Solicitor was not present? It all suggests it is a fraudulent attempt by my brother to exclude his children from receiving my father's wishes.

I do intend to visit the Solicitor where all the Wills were drafted to ask their opinion but would appreciate the forums opinions on whether this re-enacted Will is legally binding. 

The_Unready

Has the new will been signed by your father and two witnesses?

Pedmore_gent

Yes it has.

silvercar

Pedmore_gent said:

Yes it has.

Signed and witnessed again, with a date that is more recent than the will that now has the caveat on it, or it was signed and witnessed originally.

Pedmore_gent

The Will submitted by my brother is a copy of the previous Will and this was signed supposedly by my father and witnessed by two dependant adults.

Marcon

Pedmore_gent said:

Probate on my father's will was stopped when my eldest brother submitted a caveat. Following a warning, this has now been made permanent following an appearance to Probate. The caveat mentioned a later Will had been made by my father.

I have now received a letter from my brother's Solicitor LP with a copy of the 'new' Will. The Solicitor says my father has reexecuted the previous Will made? The Solicitor says my Father reconsidered the distribution of his estate and wanted to revert to the earlier Will which omitted my brother's children from receiving a proportion of his share. On the face of the earlier Will it has been signed by my father and witnessed and countersigned by two adults. This the Solicitor says has reactivated this Will.

The later Will submitted to Probate mentions in the first line "Revoking all previous Wills and Testamentary dispositions'' so is it possible to reactivate a previous Will? 

Looking at the date, the earlier Will was signed by my father (ie a Saturday) and the people who witnessed this Will, suggests to me a Solicitor was not present? It all suggests it is a fraudulent attempt by my brother to exclude his children from receiving my father's wishes.

I do intend to visit the Solicitor where all the Wills were drafted to ask their opinion but would appreciate the forums opinions on whether this re-enacted Will is legally binding. 

If the old will was re-signed by the testator and properly witnessed, and the date of such signing post-dates every other will, then yes, it simply becomes the 'last will' and therefore the one which was in force at the date of your father's death.

A solicitor doesn't have to be present at the time of signing.

Pedmore_gent said:

The Will submitted by my brother is a copy of the previous Will and this was signed supposedly by my father and witnessed by two dependant adults.

That might need to be investigated, but provided your father was of sound mind and not coerced/unduly influenced, the will is likely to be valid unless you can prove otherwise. The fact the witnesses are 'two dependant adults' won't automatically change that, although it's a factor to take into consideration if you are alleging some sort of fraud or conspiracy - but be aware that could be both difficult and expensive to prove.

If the witnesses are supposedly beneficiaries under the will, they'll lose their own inheritance by acting as witnesses.

Keep_pedalling

There is no reason why a testator could not copy an old will and sign and have it witnessed. It does not reactivate the old will it becomes a new will which just happens to have the same clauses as a previous one.

Pedmore_gent

I find it concerning that the original Will sent to Probate can be superceded by an earlier photocopy of a Will signed by two strangers to the family. Can that be right?

Marcon

Pedmore_gent said:

I find it concerning that the original Will sent to Probate can be superceded by an earlier photocopy of a Will signed by two strangers to the family. Can that be right?

Yes. Witnesses are frequently strangers to the family - no reason they need to be 'known'. Provided the signatures of testator and witnesses are originals, then the fact they are signing a copy of an old will is totally irrelevant.

msb1234

So will it mean that your brother will get his children’s share instead of them? why on earth would he want to do that?

Marcon

msb1234 said:

So will it mean that your brother will get his children’s share instead of them? why on earth would he want to do that?

Usual reason is greed.