Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.
May I clarify when your father passed away please? Was his estate distributed under an earlier will?
dad past away 2008 june 7th the will i fond was made july 17th 2006 the one that was read out was made in may 2006 tried to find the solicitor but cant find him (james ryan solicitors and commissioners for oath)
Thanks. Have you been able to identity the changes the new will makes? Does anyone else know about the new will?
yes my sister and me but not mam well its a long story and the wittness that signed it
Thanks. So in the new will your mother has been removed?
well sort off
in the first will he singed his half off the bunglow to my youngest sister and the one i found he singed it over to me i am the oldist
the will i got was given to my other sister by my dad shes the middle sister
we have tried every thing hope you can help
Thanks. Finally is the latest will witnessed by two independent witness over 18 who express that they signed the same in his presence and in each others?
yes by solicitor and dads army buddy
and dad of cousre
Thanks. Providing the later will is signed by your father and witnessed by two independent adults then it satisfies the requirements of the Wills Act and accordingly is valid and revokes any previous will providing there is a clause that states that previous wills are revoked - usually at the very beginning.
This being the case it overrides any previous will and the new beneficiaries (so far as they are different to the first set of beneficiaries) have a claim against the executors and in turn the previous beneficiaries) for any increased share in your fathers estate.
From what you say the principle beneficiary that has improved their entitlement is you is I understand correctly and accordingly you would have the basis of a claim for your larger share of the property.
Your claim is against the executors of the previous will that was administered and the beneficiaries who received entitlements that they are not entitled to under the new will.
This is all well and good however there are some pitfalls and difficulties you are likely to encounter. First the beneficiaries who do not do as well in the new will are unlikely to be happy about the position and may seek to resist the claims by claiming that the will is for example fake - difficult from what you say - that your father lacked capacity when he signed the will or that he did not understand its contents - again given a solicitor witnessed the new will such claims would not be straightforward.
In addition because the assets of the estate have likely been distributed recovering them may be involved as some of them may have been spent or otherwise invested.
Finally a claim may strain family relations between you and your sister.
Accordingly the first step is likely to be bringing the will to the attention of the executors of the previous will and the effected beneficiaries and seeking a meeting to discuss matters. It may be that you can agree a settlement between you amicably or via mediation. If not the matter would have to proceed to court if you chose to enforce your entitlement.
we no that. but it legal then
It is important that you keep hold of the original will and ensure it is not marked or otherwise damaged - e.g. do not paperclip things to it.
Based on what you say the new will appears to satisfy the Wills Act and therefore is a legal document and therefore overrides the previous will.
Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?
Is there anything above I can clarify for you any further?
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