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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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hi iv found a second will off mt late fathers is it legal after

Customer Question

hi iv found a second will off mt late fathers is it legal after nealy 6 years
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.

Joshua :

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.

Joshua :

May I clarify when your father passed away please? Was his estate distributed under an earlier will?

JACUSTOMER-tr892v58- :

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)

Joshua :

Thanks. Have you been able to identity the changes the new will makes? Does anyone else know about the new will?

JACUSTOMER-tr892v58- :

yes my sister and me but not mam well its a long story and the wittness that signed it

Joshua :

Thanks. So in the new will your mother has been removed?

JACUSTOMER-tr892v58- :

well sort off

JACUSTOMER-tr892v58- :

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

JACUSTOMER-tr892v58- :

the will i got was given to my other sister by my dad shes the middle sister

JACUSTOMER-tr892v58- :

we have tried every thing hope you can help

Joshua :

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?

JACUSTOMER-tr892v58- :

yes by solicitor and dads army buddy

JACUSTOMER-tr892v58- :

and dad of cousre

Joshua :

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.

Joshua :

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.

JACUSTOMER-tr892v58- :

yes

Joshua :

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.

Joshua :

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.

JACUSTOMER-tr892v58- :

that right

Joshua :

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.

Joshua :

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.

Joshua :

Finally a claim may strain family relations between you and your sister.

Joshua :

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.

JACUSTOMER-tr892v58- :

we no that. but it legal then

Joshua :

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.

Joshua :

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.

Joshua :

Are you happy with the information I have provided to you above or is there anything above I can clarify for you any further?

Joshua :

Is there anything above I can clarify for you any further?

Joshua :

If you have no further questions for now I should be very grateful if you would kindly take a moment to rate my service to you today. Your feedback is important to me. If there is anything else I can help with though please reply back to me though.

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