Unsigned will

Susan_Eggleton

Has anyone used a Deed of Variant to cover an unsigned will?

Keep_pedalling

If people who gain from an invalid will are willing to make a deed of variation so that the estate is distributed by the terms of the invalid will then yes that can be done.

Flugelhorn

yes decades ago my grandmother didn't sign her will - it left everything to one of her 5 children. a relative (probate solicitor) drew up deeds of variation for the others to sign indicating that they  agreed with the will as it stood and all the money should go to their brother 

Emmia

The difficulty is going to be if some beneficiaries don't agree with the distribution of the estate as specified in the unsigned will. 

Flugelhorn

Emmia said:

The difficulty is going to be if some beneficiaries don't agree with the distribution of the estate as specified in the unsigned will. 

yes it does rely on everyone agreeing. And as anyone who reads these boards will appreciate "where there's a will, there are relatives"

madbadrob

As an unsigned will is not a valid document the estate becomes intestate therefore if one of the now entitled beneficiaries decides to say no there not a chance that a DOV could progress.  If all are in agreement then the DOV can be used and whilst it isnt necessary in terms of you could all receive the monies and then just pass it over a DOV will stop any future claims saying "OI you had my money."

Flugelhorn

madbadrob said:

...and whilst it isnt necessary in terms of you could all receive the monies and then just pass it over a DOV will stop any future claims saying "OI you had my money."

Exactly what wise relative said at the time when he insisted on the DoV - all 4 siblings said they were fine with the wording of the unsigned will but he pointed out that they may feel differently in the future - so the thing was duly drafted and signed

Keep_pedalling

madbadrob said:

As an unsigned will is not a valid document the estate becomes intestate therefore if one of the now entitled beneficiaries decides to say no there not a chance that a DOV could progress.  If all are in agreement then the DOV can be used and whilst it isnt necessary in terms of you could all receive the monies and then just pass it over a DOV will stop any future claims saying "OI you had my money."

The estate will only become intestate if no other previous valid will is in place.

madbadrob

Keep_pedalling said:

madbadrob said:

As an unsigned will is not a valid document the estate becomes intestate therefore if one of the now entitled beneficiaries decides to say no there not a chance that a DOV could progress.  If all are in agreement then the DOV can be used and whilst it isnt necessary in terms of you could all receive the monies and then just pass it over a DOV will stop any future claims saying "OI you had my money."

The estate will only become intestate if no other previous valid will is in place.

Of course I failed to mention this as id have expected the OP to have mentioned if other wills had been found

Rob