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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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I have an unusual question. Someone was very ill when they

Resolved Question:

I have an unusual question. Someone was very ill when they prepared a Will using a form from a stationers rather than a solicitor. This person had two grown up children who were married themselves. The person did not approve of one of the husbands of the children so he actually did two Wills at the same time which were dated the same and witnessed by the same people at the same time (he knew no better) in one if the husband had been divorced by the time he died (which was very likely) he left his estate equally. In the other if she was still married he left a split of much lower to this one and the majority to the one with a husband he approved of. He died very shortly after. Which if either Will should be used for probate? Whatever happens it will cause problems but probably less than if neither was used and he was treated as intestate. Any help would be appreciated.
Submitted: 3 years ago.
Category: Family Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Which one was signed first?
Clare
Customer: replied 3 years ago.

Sorry for the delay in coming back. We believe the one giving equal was signed minutes before the lower split one. However the executor was not present at the signing and the witnesses although aware there were two documents did not read them so if challenged could not probably say for sure. The instruction verbally to the executor was to use the equal one if she was divorced or the uneven split if she was not divorced. I should perhaps add that at this time the one who receives the most has the intention anyway of evening the matter out to her sister via a Deed of Family Arrangement it is more a matter of what to do correctly in the eyes of the law and to explain to the loser for want of a better word why that Will is being used if it is the uneven split.

Expert:  Clare replied 3 years ago.
Hi
In the eyes of the law the one which was signed second is the valid Will and the first one is no longer valid
How that is ascertained is a matter for the Executor I am afraid unless there is a clear understanding of which Will was signed first
Please ask if you need further details
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33810
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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