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Wills and Current WIshes

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  • Wills and Current WIshes

    Hello all,

    My mother passed away on 4th January, I have been appointed 1 of 2 Executors (the other is her friend of many years). She had a Will in place dated 2010 that was fully signed etc, which included beneficiaries alive at that time (2 children, 5 grandchildren). Since then, the family has grown and now consists of 2 children, 5 grandchildren, 5 great-grandchildren.

    She was in the process of changing her will to include 4 of the great-grandchildren, but there was still no mentioned of the 5th great-grandchild. Her new draft Will arrived the day after her death, and has not been signed so I believe it is not a legal document but would give an indication of her latest wishes. Financially there is considerable difference in the 2 documents, and as one of the primary benefactors I want to avoid any suggestion of a conflict of interest, and potentially any contests.

    The original will provided a set sum to be paid to the grandchildren, and all other monies to be split between myself and my sister. There were a number of gifts of jewellery to the women.

    The new document provides for my sister and I to have 50% share of the sale of the house. All other monies are to be shared equally between the grandchildren and great-grandchildren. Again, the jewellery has been gifted to the women (including children)

    I am in a quandary over how to handle the will and new document, in regard to how much credence should I apply with the new proposal. If I stick to the original will, then I think the grandchildren (all bar 2 are directly related to my sister) could contest it as the difference may be around £18k per beneficiary. If I go by the unsigned document, then my sister could contest it as she (and myself) would receive approx £100k less.

    Any advice?
    Tags: None

  • #2
    If all affected beneficiaries are in agreement you could vary the will so that it reflects your mother's known wishes.

    Assuming there is a reasonable inter family relationship try for a family conference (via zoom or whatever!) to discuss the matter amicably.
    Cheaper and better than a squabble!

    Comment


    • #3
      Would the unsigned will have any legal bearing? A colleague suggested that as it was so close to signature, then it may carry some legal weight.

      My family could be described as many things, but "reasonable" wouldn't rank in the top 10.

      Comment


      • #4
        An unexecuted will does not comply with legal requirements and cannot be admitted to probate.
        Court is very reluctant to order it takes effect, though they will consider it if there is a claim under
        the Inheritance (provision for family and dependants) Act 1975

        Comment

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