Complicated will

Marcon

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. 

I appreciate that you wholeheartedly believe that, but you'd be surprised how many solicitors' files tell a different story - so why not ask them? If they have made an error, then at least you'd be giving them the chance to put things right.

Keep_pedalling

AgentMoo said:

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 He said no it will just mean that part is no longer valid.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

In which case only use a DoV if it minimises IHT, should not be too difficult to work out what is required to do that.