Will being contested

sheramber

SiliconChip said:

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.

It was previously stated that the will is still valid but the inheritance to the OP fails. 

In that case the position of executor is not changed. 

The rules in intestacy  now apply.