will help

shady_3

Hi i am having family problems at the moment and wonder if anyone knows something with regard wills. My parents had mirror wills made up and since then I have lost a parent and the other one although probably still grieving has took up with a gold digger, who is manipulating my parent to turn against the rest of the family and because of still grieving and scared of being on own i presume cant see it.

The mirror will said that the house etc was left to my living parent then divided between the children. Can that will be altered now easily and if the gold digger remained and the will was changed would my brother and sisters be able to go to court and at least be able to have a good case to claim for my already deceased parents half of the house

Thank you in advance

shady

Bossyboots

Firstly, the living parent is free to make a new will as when they please, stating whatever they please. If the living parent marries the gold digger then any will made before the marriage takes place (unless just before the marriage and specifically stating it is in anticipation of the marriage) will be void anyway. The new spouse will become automatic heir.

You do not really have a claim for the share of the house that belonged to your deceased parent. That now belongs to the surviving parent and is subject only to their will.

Whether you could fight for the estate on the death of the remaining parent will really depend on what happens between now and then. If you believe your parent was unduly coerced into making a fresh will, particularly if he was ill at the time, you might have a case. Only time will tell.

I am sorry not to be able to tell you anything more encouraging. Your only real prospect is to stay on side with your parent so that you are in a position to keep an eye on things and try to diminish the influence the new partner has over them.

shady_3

Thanks i was just unsure as when the will was made the parent was aware they were dying and i wasnt sure whether that being the case (as the house had been paid for for years) if there would be grounds to contest any new will if the situation arose

Bossyboots

shady wrote:

Thanks i was just unsure as when the will was made the parent was aware they were dying and i wasnt sure whether that being the case (as the house had been paid for for years) if there would be grounds to contest any new will if the situation arose

The only chink of light I could see in that scenario (and I am not sure this is even a realistic suggestion) would be if the parent was coerced into making a mirror will when they would have preferred to sever the joint tenancy of the house and leave their estate separately. The surviving parent could still have a life tenancy in the property but the half belonging to the first deceased parent would then be settled as bequeathed in their will.

It would be difficult to prove unless they used a solicitor and assuming you could obtain the information. Mirror wills are still very common and I think you would be hard put to establish this was not your parent's wishes.