Tweet
Grant of Probate -Old Will used not Deed of Variation
Today, 19:36:PM
Hello Legal Beagles,
Your help and guidance please.
We challenged my mothers original will on the basis of Dementia and Testamentary Capacity & put a caveat in place.
Mum's Original Will was the estate to be shared equally between 3 ( 2 daughters and a grand daughter of which 1 daughter and the grand daughter are named executors!).
For info - mum had 5 children -2 sons and 3 daughters, therefore 2 sons and a daughter left out of the Will!
After months of negotiation a Deed of Variation has been agreed where the estate is to be shared equally 6 ways - for Mum's grand children).
Upon agreeing the Deed of Variation via our respective solicitors, we cancelled the caveat in order that Probate can be Granted.
Probate has been granted on 1st September 2020 but the Will associated with the Grant of Probate on the Gov.uk/probate registry website is the Original Will and NOT the Deed of Variation version.
My questions are -
1/ Legally should the agreed Deed of Variation Version of the Will be used for Grant of Probate and therefore put on Public Record.
2/ Should we be very worried about this and urgently prompt our solicitor to contact the executors solicitors.
Any help and guidance on this will be greatly appreciated
Many thanks
Dchrisn
Today, 19:36:PM
Hello Legal Beagles,
Your help and guidance please.
We challenged my mothers original will on the basis of Dementia and Testamentary Capacity & put a caveat in place.
Mum's Original Will was the estate to be shared equally between 3 ( 2 daughters and a grand daughter of which 1 daughter and the grand daughter are named executors!).
For info - mum had 5 children -2 sons and 3 daughters, therefore 2 sons and a daughter left out of the Will!
After months of negotiation a Deed of Variation has been agreed where the estate is to be shared equally 6 ways - for Mum's grand children).
Upon agreeing the Deed of Variation via our respective solicitors, we cancelled the caveat in order that Probate can be Granted.
Probate has been granted on 1st September 2020 but the Will associated with the Grant of Probate on the Gov.uk/probate registry website is the Original Will and NOT the Deed of Variation version.
My questions are -
1/ Legally should the agreed Deed of Variation Version of the Will be used for Grant of Probate and therefore put on Public Record.
2/ Should we be very worried about this and urgently prompt our solicitor to contact the executors solicitors.
Any help and guidance on this will be greatly appreciated
Many thanks
Dchrisn
Comment