Challenge a Will

[paulontour]

Hi

After some advice about what to do next please.

A relative recently passed away (let’s call her R). Before she died, there was some confusion over her Will.

This persons Will has always been to be split 3 ways (B1, B2 and B3). B1 died before R, and it was changed so one third would go to B1’s husband (G).

B2 decided to visit R before she died and convinced her to change her Will to give G £100k only (the third split is significantly more).

B2 changed the Will, but changed it to leave G £20k only. As it happens, R had poor eyesight so the changes to the Will were read out to her before she died. She got very upset that B2 had done this, changed it back to a 3 way split, and left a note with the solicitor to say she was coerced into this change and the Will should NEVER be changed from this date forward.
We know which solicitor dealt with the mess, but haven’t contacted the firm yet. The death certificate has not been provided yet, so probate cannot be applied for, but this is imminent.

B2 is unaware that R changed it back to a 3 way split.

We have a friend of R’s who is willing to testify as to what happened in the past as he was present at all meetings with the solicitor.

My problem is that I need to help G make sure he gets his fair share. According to B2, she is the only executor of the Will but we know that the original Will had B2 and G as executors.

What do we do next? I’m concerned B2 will apply for probate, it will be granted, and G will only get £20k.

Is there any way I can find out who the executors of the ‘correct’ Will are? Is there a way I can register an interest in the Will to make sure I am updated all through probate?

Hope someone can help with some sound advice!

Thanks

[Sam101]

After Probate anyone can obtain a copy of the Will. However, if R made final changes of her Will with a solicitor and stating that no further changes were allowed, then I doubt that any changes could be made.

An alternative would be that if the actual beneficiaries joined together to gift G a part of their inheritance, then there is nothing to stop that happening. It would also be far simpler and not involve the costs of a solicitor.

[Manxman]

Hi

...She got very upset that B2 had done this, changed it back to a 3 way split, and left a note with the solicitor to say she was coerced into this change and the Will should NEVER be changed from this date forward.
We know which solicitor dealt with the mess, but haven’t contacted the firm yet. The death certificate has not been provided yet, so probate cannot be applied for, but this is imminent.

B2 is unaware that R changed it back to a 3 way split.

We have a friend of R’s who is willing to testify as to what happened in the past as he was present at all meetings with the solicitor.
...

It's not clear from your post, but are you saying that after B2 "tricked" R into changing their will reducing G's legacy to just £20k, that R did another final will with a solicitor reinstating G's one third share, and where she left instructions that this final will "should never be changed"?

It's not clear but was that final will a proper will - correctly executed and witnessed, or just an expression of wishes?

If it was a proper valid will, then that is the one that prevails over the will B2 tricked R into making.

And if it was a proper will, how do you know about it, but not know who the executor is?

[Sam101]

You wrote ......"changed it back to a 3 way split, and left a note with the solicitor to say she was coerced into this change and the Will should NEVER be changed from this date forward."

By doing that with the solicitor, it seems to me like it cannot be altered again. Have I misunderstood what you said?

You also said It's not clear but was that final will a proper will - correctly executed and witnessed, or just an expression of wishes

If it was done wit a solicitor it was a correct Will. An expression of wishes need not be acted upon so that would not be the way the solicitor would have done it.

I said .... 'After Probate anyone can obtain a copy of the Will'. So you can get a copy of Probate once granted and find out who the executors are.

[Manxman]

Sam101 - does your post #4 add anything to what I've said? I'm struggling to understand it... ?

eg "If it was done wit (sic) a solicitor it was a correct Will" Err - not necessarily... ?

[Sam101]

If the solicitor was instructed to make the Will back to what it was before and add that it cannot be changed again, then that would seem to have satisfied your neighbor so all should be well.

I was trying to clarify matters for you by saying the the beneficiaries could give some of their inheritance to B1's husband if they wish to.

Sorry, I cannot make it clearer and hope you now understand.
Sam

[paulontour]

It's not clear from your post, but are you saying that after B2 "tricked" R into changing their will reducing G's legacy to just £20k, that R did another final will with a solicitor reinstating G's one third share, and where she left instructions that this final will "should never be changed"?

It's not clear but was that final will a proper will - correctly executed and witnessed, or just an expression of wishes?

If it was a proper valid will, then that is the one that prevails over the will B2 tricked R into making.

And if it was a proper will, how do you know about it, but not know who the executor is?

Hello

Yes - R did another final will with a solicitor reinstating G's one third share. It was a proper Will, executed and witnessed I believe.

However, can't B2 present the Will she believes is right when it comes to probate? Sorry, unsure how it works. I'm worried that the final Will may just be conveniently forgotten. We only know it was a proper Will as it was completed in front of her neighbour, who is willing to testify as such.

[Sam101]

The only proper Will is the last Will. All others before that are illegal.

[des8]

Who holds the last and final will?

That person needs to be informed of the testator's passing, so that proper steps to prove the will can be taken by the executor.

If there are concerns that someone might try and obtain probate with an outdated will, a caveat should be entered .
This will stop the probate process until the matter can be sorted

[Shelley1960]

Contact probate services I believe there's something called a caveat which delays the issue of probate they would explain what it does nb there is a small fee

[twohoots]

Contact probate services I believe there's something called a caveat which delays the issue of probate they would explain what it does nb there is a small fee

It costs just £3 to put a caveat on a probate application. This should not be used for any malicious reason. In my experience the only winners are solicitors.

[Hagalout]

[/QUOTE]It costs just £3 to put a caveat on a probate application. This should not be used for any malicious reason. In my experience the only winners are solicitors.

And mine too. There is something seriously wrong with the system.