Can we agree to follow an invalid will?

If a will is invalid, when it goes to probate can the main benefactors insist that the will stand so the wishes of the deceased are met?

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  • [Deleted User]
    [Deleted User] Posts: 35,242
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    In what way is it invalid?
  • If the Will is deemed invalid, would the main beneficiaries inherit under intestacy? If so, how dissimilar is the Will to an intestate situation?
  • November2
    November2 Posts: 1,107
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    It was witnessed by only one person instead of two (even though it was done through a solicitor)
    I should mention deceased lived in USA
    I've read through articles online but all it talks about is probate laws and nothing about letting the will stand if all agree
  • Malthusian
    Malthusian Posts: 10,898
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    November2 wrote: »
    I should mention deceased lived in USA
    Then I'd suggest consulting a lawyer in the US, as this a UK forum and all of our knowledge is based in the UK.

    In the UK the answer to your question is "no". The beneficiaries can vary the estate via a Deed of Variation but only if all of them agree - or specifically, everyone who is giving something up. The "main beneficiaries" (the benefactor is the stiff) cannot "insist". Everyone who loses out must agree.

    In the USA I have no idea. I would be surprised if something akin to a Deed of Variation wasn't possible, but not only does the USA differ from the UK, laws can differ from one state to another. You need to talk to a USA lawyer.
  • November2
    November2 Posts: 1,107
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    Thankyou. Going to see a UK lawyer later in week.
  • Rodders53
    Rodders53 Posts: 2,123
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    November2 wrote: »
    It was witnessed by only one person instead of two (even though it was done through a solicitor)
    I should mention deceased lived in USA
    Where in USA may be relevant.

    Google: https://www.alllaw.com/articles/nolo/wills-trusts/witness-requirement-execute.html
    Two witnesses is normal in USA.
    Except in Colorado and North Dakota, where they allow will-makers to have a signature notarized instead of witnessed.

    Now whether that makes such a US will (or any US will for that matter) legal for probate in the UK you need to seek advice on.

    Good luck.
  • Marcon
    Marcon Posts: 10,341
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    November2 wrote: »
    If a will is invalid, when it goes to probate can the main benefactors insist that the will stand so the wishes of the deceased are met?

    If the will was purported to be made under UK law (and it could have been even if the deceased lived in the US - e.g. they had assets in the UK), and is invalid, the laws of intestacy would automatically apply. Those who would have been beneficiaries under the invalid will have no standing in the eyes of the law unless they become beneficiaries under the rules of intestacy.

    The tricky bit here might be determining which laws apply (UK or US).
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • getmore4less
    getmore4less Posts: 46,882
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    Marcon wrote: »
    If the will was purported to be made under UK law (and it could have been even if the deceased lived in the US - e.g. they had assets in the UK), and is invalid, the laws of intestacy would automatically apply. Those who would have been beneficiaries under the invalid will have no standing in the eyes of the law unless they become beneficiaries under the rules of intestacy.

    The tricky bit here might be determining which laws apply (UK or US).

    Could be both UK and US laws apply.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    November2 wrote: »
    If a will is invalid, when it goes to probate can the main benefactors insist that the will stand so the wishes of the deceased are met?
    If it is a UK will not be allowed to probate.
  • TBagpuss
    TBagpuss Posts: 11,198
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    If all of the beneficiaries agree, then you can do a deed of variation to agree to follow the will rather than the intestacy rules.

    However, if there are any minors who would lsoe out, or if any beneficiary who would get less under the will than under intestacy, then no, the main beneficiaries cannot force them to agree.

    The beneficiaries uner the intestacy could also chose to give assetsto people who would have inherited under the will if it had been valid, on an indicidual basis, if they want, although they would need to take advice to ensure they were aware of thetax and other implications.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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