Probate question

en1gma_2

My mother passed in June. Have only just managed to get her will from the solicitor and I am the some executor. She wrote a will ten years ago before my brother died.from correspondence we have from solicitors it is clear she wanted to change her will but after meetings with the solicitors she did not go ahead due to the property being in a trust. The trust was changed by deed if appointment of beneficial interests in 2014. 

In July 2018 she again saw the solicitor snd she wrote a witness statement setting out her true wishes in relation to the will. This was signed and dated by her and I gave correspondence confirming it was written at the solicitors and then sent to my mother for signature. The solicitor did not send us this statement when sending the will. We had to request it. 

Apologies for the length of this. My actual question is as this witness statement was composed with the aid of her solicitor 10 years after her original will was made,  and with the signed original being kept by them, alongside her will, would this be considered as either a  codicil or a statement as to her true wishes and be adhered to in probate. Any overcome be greatly appreciated. 

Thank you 

tacpot12

It cannot be a codicil if it has no witness or just one witness. 

This page should be useful: What are Letters of Wishes and Statements? - Chattertons Solicitors

McKneff

So a statement is to explain points in the will

It cannot change things in the will

CalvinHobs

I was the executor of my mother's estate and she had a codicil with her will. In order for a codicil to be valid, it has to meet certain conditions:

A codicil is a testamentary document, separate to the existing will you have made, which amends or adds to the will. It can also revoke parts of the will and make new provisions.

Being ‘testamentary’ means it is a document that is intended to have the same effect as a will, so strict rules do apply when creating and executing a codicil. For example, it should be signed, dated and witnessed by two independent people in your presence, and in each other’s. The witnesses do not need to be the same witnesses as for your original will.

The codicil must be kept with the will to which it refers, but it must not be physically attached to the will, as that can invalidate the will itself.

Source

Also, my understanding is that a codicil must make specific reference to the will it applies to.

So, if your mother's statement meets the conditions of a codicil then it supersedes the will if it contains anything which contradicts the will. If it does not meet the conditions of a codicil then it does not supersede the will.

Keep_pedalling

Does your brother have any surviving children?