Complicated will

AgentMoo

RAS said:

OP, you do need to know the value of you mother's property? Is it above £350k?

Yes it is probanley nearer £550,000

RAS

So even if mum sell that property before her death, you can utilise both her and dad's RNRB allowance.

At the cost of losing most of dad's RNB when mum dies. If the beneficiaries of both wills are the same, it makes little difference. If they are not, or mum remarries, mum's beneficiaries may lose out.

AgentMoo

I think I will need to consult a solicitor or perhaps call the probate office first

RAS

A STEP qualified accountant might be a good thing, as they should be able to explain the consequences of each decision.

Marcon

AgentMoo said:

I think I will need to consult a solicitor or perhaps call the probate office first

Before doing that, surely the people you need to talk to are the solicitors who drew up the will? Clients can - and do! - ignore advice if they have a bee in their bonnet, and an amazing number are convinced they know better than someone trained and qualified in legal matters.

AgentMoo

Marcon said:

AgentMoo said:

I think I will need to consult a solicitor or perhaps call the probate office first

Before doing that, surely the people you need to talk to are the solicitors who drew up the will? Clients can - and do! - ignore advice if they have a bee in their bonnet, and an amazing number are convinced they know better than someone trained and qualified in legal matters.

I am confident that my father would not have questioned the solicitors compatancy or lack of. 
He would have said he wanted properties to go to my mum and the rest split 3 ways trusting that they would word it correctly. 

Keep_pedalling

AgentMoo said:

Marcon said:

AgentMoo said:

I think I will need to consult a solicitor or perhaps call the probate office first

Before doing that, surely the people you need to talk to are the solicitors who drew up the will? Clients can - and do! - ignore advice if they have a bee in their bonnet, and an amazing number are convinced they know better than someone trained and qualified in legal matters.

I am confident that my father would not have questioned the solicitors compatancy or lack of. 
He would have said he wanted properties to go to my mum and the rest split 3 ways trusting that they would word it correctly. 

The advice should have been to leave any properties I own at my death to my wife rather than specific properties. If that is what you believe your father would have wanted why not simply do a deed of variation that meets his wishes rather than go along with the result of this poor will. 

Spendless

My guess is that a DOV isnt happening because the other beneficary of the will doesnt wish it to. My understanding of DOVs is that the executor and the beneficaries it affects have to agree to it. 

Regardless of exactly what was said in the solicitors office or how they interpreted it, the onus is on the person making the will to read through it and make sure it says what they meant. Too many times you read on this board that my relative said this/meant this but the will is worded differently.

Also and Ive said this before. Talk to your relatives about your/their will/s. I discovered that one of my parents wrote a will where they left me a property they didnt own! Though it wasnt quite 'I leave Spendless Mrs Moggins house down the road' and I understood what they meant/got confused by, legally it was the same as leaving me Mrs Moggins property! 



 

RAS

The only people who need to agree to a DOV are those disadvantage by it. So AgentMoo can make one regarding their portion even if their sibling doesn't want to. Although they couldn't make one if their children inherited and are under 18 years.

AgentMoo

My brother and myself are happy to make a dov but my mother said she doesn't want the property and we should just split everything 3 ways. I called the solicitor last year to ask about the gift and told him he no longer owns the properties and will that make the will void. He said no it will just mean that part is no longer valid. I should have push him to get my dad to change that but he was too unwell. I wish the solicitor had told me about any implications. It has made probate a little more difficult