Will being contested

chloeH95

Baldytyke88 said:

chloeH95 said:

I really wish I wasn’t being serious 

Since it went through probate 6 months ago, did your solicitor spot who signed the will?

Everything went through all ok nothing mentioned 

Reed_Richards

There must be two wills here, your mum's will and then your dad's will.  Perhaps your Mum left everything to your dad (provided he was still alive at the time of his death) and your dad left everything to you provided your mum had predeceased him?  Edited to correct the order of deaths

Does your wife use the same last name as you?  If not, that could explain how things got so far without the error being picked-up.  Were you married at the time the wills were written?

Intestacy is the state of dying without a valid will.  If you were the only beneficiary and the bequest to you is treated as invalid then the entire will might be deemed to be invalid.    

bobster2

Reed_Richards said:

There must be two wills here, your mum's will and then your dad's will.  Perhaps your Mum left everything to your dad (provided he was still alive at the time of his death) and your dad left everything to you provided your mum had predeceased him?  Edited to correct the order of deaths

Does your wife use the same last name as you?  If not, that could explain how things got so far without the error being picked-up.  Were you married at the time the wills were written?

Intestacy is the state of dying without a valid will.  If you were the only beneficiary and the bequest to you is treated as invalid then the entire will might be deemed to be invalid.    

Yes - presumably a provision in OP's mum's will leaving everything to dad would be deemed valid - and then it's OP's dad's will that is open to challenge.

If the above is correct @chloeH95 and your dad's will is deemed invalid then the rules of intestacy will determine how his estate would be distributed. You say you have 3 siblings? So estate would be split 4 ways - the 4 of your would get 25% each.

SiliconChip

chloeH95 said:

Alderbank said:

The will has been witnessed. It's not invalid.

But, and it's a big but, the Wills Act of 1837 says that if your wife signs as a witness that any bequest to you in the will is void (you get nowt).

She was the one person in the world who, as the will writer knew, must never sign because that single act meant that your parents' wishes would never be fulfilled.

Who is the executor of your dad's will?
The executor must by law carry out all the provisions of the will except for any payments to you or your wife which must be treated as though they do not exist.

What does the will say about the situation if the OP pre-deceased their father? I assume the will writer did not screw that up as well?

Have you told the will writer about your disappointment?

I’m the only executor.  

I'm not sure that you are any more. If the Will is invalid then I suspect that it's provision of executor also fails, in which case you (or someone else) will need to apply to administer the estate.

https://www.gov.uk/applying-for-probate/if-theres-not-a-will

I'm also unsure whether the probate that's already been granted is now valid, given that you had no right to apply for it. I think you need to get urgent legal advice, and I'd go to a different solicitor to the one who has allowed this to happen without noticing the issue.

Reed_Richards

Did the will not say what happens if both you and your mother predeceased your father?  A will would usually cover that eventuality and if it turns out that you are barred from inheriting then that may take effect.  But please seek legal advice.

Baldytyke88

If the above is correct @chloeH95 and your dad's will is deemed invalid then the rules of intestacy will determine how his estate would be distributed. You say you have 3 siblings? So estate would be split 4 ways - the 4 of your would get 25% each.

That is a fairer result, although the OP might not be pleased.

RAS

OP, you definitely need a new solicitor.

And to make formal complaint to the solicitor who did probate and "all". They should have realised the implications of the witnessing, particularly given the potential for challenge. 

Then a formal complaint to the will writer who screwed up royally followed up with whatever professional body they belong to. Not that it will help as much as there's less likely to be professional indemnity or full oversight.

Another thing your family may consider is whether they do a deed of variation so some of the assets that would to your siblings under intestacy revert to you. I can't see the challenger agreeing but the other siblings might, if they don't claim means-tested benefits. That needs finalising in the next few months, as the 2 year deadline is fast approaching.

chloeH95

My mums will left everything to me. She never left anything to my dad 

poppystar

Just to clarify - there are two Wills here? You are saying both had you as sole executor and both also had you as sole beneficiary? Your wife was witness to both Wills?

So are you saying both Wills have gone through Probate successfully and both are now being contested? 

RAS

chloeH95 said:

My mums will left everything to me. She never left anything to my dad 

In which case, what assets did mum and dad actually have to leave to anyone?