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beneficiary removed from Will

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  • beneficiary removed from Will

    Thanks , this is my first post here :
    My mother sadly passed 3 years ago, my father is still alive. They both made a will over 15 years ago, this will was rewritten around 8 years ago, here they removed 2 half siblings of mine as beneficiaries (one of them was the sole executor) and my parents made me as the executor. (both half siblings were both estranged for 10 years + from parents) The questions are :
    1) Recently one of the half siblings (removed from the original will) their adult child(my nephew who is named as beneficiary in the will) has moved in with my father and seemingly has no intention of bettering themselves and getting their own place, I am worried that when my father dies the nephew will simply refuse to move out claiming poverty / anxiety, so I can sell the house after my father passes. The nephew claimed they had nowhere to live and no money so my father offered somewhere to stay, They have started a job but recently said after one month of working "I am going to give up my job as I dont like and want to start my own business besides , I am needed in the house to support" The nephew is lying he is not actually needed to support my father.
    2) one of the half siblings removed from the original will, will undoubtedly in my opinion attempt to mount a challenge to the will/ estate . I am even more anxious in that the will that exists today doesnt physically state in black and white clearly why the half sibling were removed, it just states "I have made no allowance in my will and last testament for xxxxxx and xxxxx"

    For 1) should I ask my father to consider a codicil instructing what he wants to happen to the property after he dies ? 2) Should I ask my father to either prepare a expression of wish or codicil / even a new will explaining reason why the changes to the will were made.

    Any advice appreciated. I am exhausted with this and should be concentrating on other things.
    Tags: None

  • #2
    A new will probably have the half sibling added because of his "help" in the house. There may even be a new will.

    Comment


    • #3
      A codicil could be added, but as he has stated that " I have made no allowance in my will and last testament for xxxxxx and xxxxx". A codicil could correct this, but he could simply make a letter of wishes stating why he has removed him. If so, it should be witnessed independently (not by any beneficiary) .

      From what you say, you may have a problem in the future and the only way to avoid this is for your Father to make it clear that the temporary help with accommodation is meant to be for a limited period and in no way will he receive any benefit from his estate, nor be allowed to contest the Will in any way.

      A solicitor would be best as this needs to be very correct, but do make sure that your father does want this himself. If he is in agreement, he could also say that he undertakes not to make any new Will, but check this out with the solicitors to see if it is allowed.

      Comment

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