Unsigned Will

[Mecarro]

My aunt passed and left an unsigned copy of her will, her executor as contacted a solicitor and they have applied for a letter of administration along with a Deed of variation, my question is can I contest this action because I am in the will but the solicitor is stating that my aunt’s money goes to the executor when the will clearly states that I her nephew should inherit her money ( the solicitor claimed that there was a mistake and I am owed Residual money) but that is not what the will states, also my mother her sister is still alive but doesn’t have the capacity due to dementia so he as completely left her out of the process while I am her deputy
please any advice would be appreciated

[Tofros]

If the will is not signed then it is invalid and the estate must be distributed according to intestate rules ( unless there is an earlier valid will). The rules also set out who can apply for probate. Intestate estate entitlements can be varied by a deed of variation made by those who would benefit under the intestacy rules.

If you believe there is a properly signed copy of the will which has been mislaid things might be different. You could file a caveat to prevent probate being granted whilst you obtain advice and seek to get a variation back to the situation as set out in the draft will.

if the executor named in the will is not the person entitled under the intestacy rules to apply for probate then they should not be applying.

[Mecarro]

Thank you