Will processing

snookerloopy96

Apologies in advance for the vagueness but could somebody please give me some advice?

My Mom is not in good health and I've just had to rush to her house (she's ok).

Although I know where her will is (or should be) she keeps saying I will need to take this to Birmingham??? (We are West Mids).

Its also a mirror will so its all set in stone.

As I care for her AND my wife, plus my sister has pretty much disowned us its all on me and my head is not exactly clear at times.

I don't like asking Mom too much but times like this bring it home to me, if anybody could possibly shed some light on this I would be very grateful.

Brie

Is your dad still alive? That's the only reason I can think why it being a mirror will is important. And nothing is set in stone - your mom could change it any time she wanted to if she is still competent.

If you think you know where her will is why not check that it's there.

As for taking it to Birmingham I haven't a clue.

Glad your mom was ok when you got to her.

Cairnpapple

Someone else will know more about this but I believe you used to have to apply to a local/regional office for probate in England rather than centrally, so that might have been Birmingham in your case. We still have a more local system in Scotland.

PS I'm sorry to hear your Mom is so ill. If you can make sure you know where the will is then that will be useful but everything else can wait and this board can help you through the whole process of dealing with the will.

snookerloopy96

https://forums.moneysavingexpert.com/discussion/comment/82030035#Comment_82030035

Thanks so much for replying, I think she's on about probate but she is forgetting words all the time.

No, my Dad has been gone 16 years.

They did a mirror will to supposedly protect my Dad if anything happened to Mom (Dad was housebound).

Thanks again, really appreciated.

snookerloopy96

Thankyou so much, I think it IS probate.

I did say probate but she said no, I can't think of the word.

Sure its probate!

Thanks again, very much appreciated.

Keep_pedalling

Mirror wills are not set in stone only mutual wills are and they are very rare beasts.

Do you know who she appointed as executors?

snookerloopy96

https://forums.moneysavingexpert.com/discussion/comment/82030538#Comment_82030538

I believe its me and my sister, I know the will can't be changed though.

After my sister hadn't spoken to her for 4 or 5 years (its now 14 and I've been sent to Coventry too) my Mom went to the solicitors to get it checked.

Not out of spite but just to see if she had any options, they told her nothing could be done.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82030726#Comment_82030726

Why do you think the will can’t be changed if you don’t actually have access to it. Mutual wills are very rear for very good reasons.

snookerloopy96

https://forums.moneysavingexpert.com/discussion/comment/82030805#Comment_82030805

The solicitor we went to took a look at the will and said it could not be changed.

It was a mirror will and Dad passed away 16 years ago, the solicitors informed us because of this it was not allowed to be altered.

Dad suffered ill health for years so I think the plan was that in the event of Mom passing first this protected half the house in terms of potential care costs?

But it has been looked at albeit it around 7 years ago.

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82030842#Comment_82030842

If that is true then we are talking about mutual wills. Do you have access to your father’s will?

Even though mutual will are supposedly unchangeable, it seems that they are not easy to enforce.

https://www.farrer.co.uk/news-and-insights/mutual-wills-a-recent-review/

poseidon1

Seems to me if this was a mutual ( not mirror will) as concluded by @Keep_pedalling , its original contractual purpose was protection on behalf of the father of the mother's half share of the house in the event she predeceased him.

It also indicates the property had to be held as tenants in common to facilitate this objective.

If this is an accurate statement in relation to the original protective purpose of both wills at that time (can't be certain without seeing the exact wording), seems to me that purpose fell away, when father predeceased mother, and certainly her half of the house no longer subject to the intended obligation.

As such I can see no mischief arising should mother now wish to tear up her will and install a new one relevant to current circumstances.

I would suggest consult a STEP qualified solicitor ( not the original adviser) for confirmation that the mother's will ( if truly mutual in its scope) is now contractually unenforceable, and she should be free to install a new will in its place.