FarmerL

[FarmerL]

Hi.
Both my parents have passed and left an unsigned draft will.
All members of the family were aware of the contents of the will. I and one other member of the family were to be the executors. My father's half of the house would go to my sister and my mother's half of the house would be shared among the other four siblings. This was not agreed to by three of the family members Our solicitor told us that if we were in agreement with the unsigned will to avoid any unnecessary family disputes, we could all sign an agreement, and the will would be executed as the wishes of my parents. At first four of the siblings signed and one sibling did not this caused a lot of tension and now 3 members of the family do not want this to occur. My father passed away 11 years ago, and it is coming up to two years since my mother passed away. The oldest member of the family has applied to be administrator even though I took out a creveat the application possibly went through before my creveat. We, my sister and I want to contest probate as it will be unfair and not serve my parents' wishes. How and what do we need to do to stop the unfair intestacy, my sister spent the last 7/6 years living with and caring for our very sick mother she is the one that my father wanted her to have his share, half of the house.
Please help
FarmerL

[atticus]

No properly executed Will = intestacy.

[dslippy]

You are creating something complicated from something sim[ple.
No will = intestacy.
Why did your mother not execute a will for 9 years?

[atticus]

As dslippy and I have observed the first thing that comes from the fact that your parents did not execute the wills that had been prepared is that it leaves intestacy as the default provision under the blunt instrument that is the law.

The second is that the non-execution of the draft wills creates doubt whether those drafts actually reflected their wishes.

If you wish to contest the outcome that intestacy law mandates, then you will have to consult a solicitor who can advise on the grounds that may be available, the chances of legal action succeeding, and what it will cost/costs risk. Consider also the rifts that will be created between you and your siblings, which may take a very long time to heal: will what is at stake be worth it?

[FarmerL]

Thank you for the quick response and sound advise.
Perhaps one piece of vital information I left out is that i have email documentation from all the other siblings agreeing to the split. This was obtained when all 5 siblings were communicatiing through an open forum via email. Will this documentation have a bearing when we contest probate?
I can I move on contesting the Will? How long before the will/case goes to intestacy?

Kind regards

FarmerL

[dslippy]

You need to rethink this entire thing.
There is no will to contest.
The fact that draft wills were not completed is just as much a sign that the contents did not reflect the wishes of the testator as that they suggest their desires.
Any agreement to a particular division of the estate is not binding on the estate, and has nothing to do with the grant of letters of administration (not probate).