Unsigned will problem.

[Seekhelp1]

Hi, folks. I have a question related to a wills. My father left a will stating his house be left to my mother. However, after my father died, my mother signed a questionnaire at the probate lawyer stating that she had no interest in the house and didn't want it, so my sister (who is executor of the will) could have it. My mother also reconfirmed this verbally to the probate solicitor. So my question is this ... Can my sister claim the house as hers unchallenged even though it was left to my mother? Our mother is now in a care home with severe dementia and can no longer make any clear or conscious decisions in regards to such matters.

Thanks in advance.

[atticus]

where does an unsigned will come into this?

If your mother has not made a, will, then on her death her estate will pass under intestacy laws.

[dslippy]

No. Not on this basis.

Somebody needs to take power in your mother's estate, and seek to deal wit it then. Is she dependent on state benefits for payment for her care?

[Seekhelp1]

where does an unsigned will come into this?

If your mother has not made a, will, then on her death her estate will pass under intestacy laws.

Well spotted. Sorry for the title, I forgot to change it as I was constructing the questions.

My mother has made a will, for which my sister is the executor, which splits all her properties and belongings between my sister and I, and the family of the man she cohabited with. My mother and this man had their own apartment. The issue is, my father made the first will leaving the house to my mother, but they then separated. Some time later, he made a second will leaving the house to my sister, but he never signed it. So I'm guessing that the legal view of this is the first will, which he did sign, leaving the house to my mother is predominant?? However, when my father died, my mother never claimed the house. Never asked for her name to be on the title. Never paid any of the mortgage, taxes or maintenance ... ever! Plus she signed a document with my father's probate solicitor saying my sister could have the house and all claims to it.

So does this make the house my sisters?

[Seekhelp1]

No. Not on this basis.

Somebody needs to take power in your mother's estate, and seek to deal wit it then. Is she dependent on state benefits for payment for her care?

My sister has power over my mother's estate when she passes, and her current care is kind of fifty / fifty between state payments and an amount due when she passes on.

The issue is, my mother's will splits her estate equally between my sister and I, my daughter, her cohabitants grandson and sister. If the house is seen as being my mother's property it will also be divided as per her will. This is not so good as it's a house my sister paid the mortgage on, where my she lives and has done all her life. As can be imagined, my sister is not very keen on having her home thrown into the pot.

[atticus]

I think that the exact terms of the document signed by your mother need to be considered. It may just save the day.

[Seekhelp1]

I think that the exact terms of the document signed by your mother need to be considered. It may just save the day.

Yeah, that's right. I'm not sure what it was though and need to try and get a copy.

[Sam101]

Surely a Deed of Variation of the original signed Will is needed to change beneficiaries. I am surprised that the solicitor dealing with 'the letter' did not advise the family of this. As long as the death was within two years, the DOV can be effected by beneficiaries.

[dslippy]

But not by a beneficiary without competence. There is a doubt that a gift from the estate would be approved by teh Court of Protection.

[Seekhelp1]

Surely a Deed of Variation of the original signed Will is needed to change beneficiaries. I am surprised that the solicitor dealing with 'the letter' did not advise the family of this. As long as the death was within two years, the DOV can be effected by beneficiaries.

A deed of variation .... I need to look this up.

Thank you.

[atticus]

Start by getting hold of what was signed. It can then be considered, and its effect understood.

[Seekhelp1]

Start by getting hold of what was signed. It can then be considered, and its effect understood.

We are in the process of doing that now.

Thanks.

[Shelley1960]

Have you checked the land registry. I ask because the probate solicitor for your father's estate shd have done the deed transfer into your sisters name as your mum had requested & shd have signed a deed of variation to facilitate the change from the original Will.

One thing all beneficiaries must be aware of when doing a DoV esp if they are on benefits or in a bankruptcy/iva situation check that you are able to refuse an inheritance