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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 34276
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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My sister changed her will, the copy of the changes

Resolved Question:

Hello - my sister changed her will, the copy of the changes are with the solicitor which she submitted in person but did not get a chance to sign it before she passed away. Does this amendment give an evidence based grounds to challenge the legal signed will which is different?
Submitted: 1 year ago.
Category: Family Law
Expert:  Clare replied 1 year ago.
Hi
Thank you for your question. My name is ***** ***** I will do my best to help you but I need some further information first.
Did she instruct the solicitor to do this herself?
Customer: replied 1 year ago.
I believe so. She was accompanied by her daughter and left the instructions with the solicitor. She did not expect to come back and sign it.
Customer: replied 1 year ago.
I am an executor of the will and would like the last will to be implemented but the problem is that it is not signed and there may be a challenge to the amendments.
Customer: replied 1 year ago.
To make the question more concise, can I distribute the will according to the last unsigned amendments and would there be a strong basis for a challenge to that?
Expert:  Clare replied 1 year ago.
Hi
What changes were made?
Clare
Customer: replied 1 year ago.
There were five parties on the signed will -
Three children and one sister each receiving 22.5% of the estate and one brother receiving 10%The revised (unsigned) will removes the brother (who waived his inheritance) and grants each of the children 29% and the remaining sister 13%.The reason for the inclusion of her siblings was that at the time the signed will was made there was an understaning that they would provide care to the deceased who had a chronically degenerative Parkinson's condition. This never happened and so the deceased sought to amend the will but did not, due to her condition, get round to signing it.Another option might be to reinstate the will in place prior to the current signed will.
Expert:  Clare replied 1 year ago.
Hi
So it is only the one sister who would object to the changes?
Clare
Customer: replied 1 year ago.
Potentially - yes.
Expert:  Clare replied 1 year ago.
is she likely to - you say your brother has already agreed?
Customer: replied 1 year ago.
She has threatened to challenge the amendment and the brother has agreed to waive already.
Customer: replied 1 year ago.
I should add that she initially agreed to waive in conversation but she has since threatened to challenge the unsigned amendment.
Expert:  Clare replied 1 year ago.
I am afraid that since the new Will was not signed then it is not valid and cannot be acted upon unless ALL the beneficiaries agree.Neither can an earlier Will be reverted toUnless your sister is willing to forgo the amount she was left then I am afraid that she has to be given it.I am sorry to give such bad newsPlease ask if you need further detailsClare
Customer: replied 1 year ago.
Thank you - finally then: can the signed will be challenged on the basis that it is unfair given the apportioned amount was based on her becoming the carer for the deceased (which did not happen)?As a side note - the antagonist sister was not close at all with the deceased and did not attend the funeral nor the memorial.
Expert:  Clare replied 1 year ago.
Does the Will refer to the fact that this gift was to reflect care given
Customer: replied 1 year ago.
No, but there are witnesses, including the other executor who is also a brother, who can attest to it. There is no other justification for such a big share to go to her instead of the children who were the ones who bore the brunt of her substantial care needs (in terms of time and devotion) which makes this allocation totally unfair given the circumstances.
Expert:  Clare replied 1 year ago.
Hi
Then no I am afraid that it makes no difference - the Will stands
Clare
Customer: replied 1 year ago.
Hi Clare,Thank you. I understand that the will stands. But do we have reasonable grounds for challenging it legally?
Customer: replied 1 year ago.
The basis is "rectification" as the will does not reflect the last wishes of the deceased.
Customer: replied 1 year ago.
The last wishes are documented and in the hands of the solicitor but they were not signed.
Expert:  Clare replied 1 year ago.
Hi
No I am sorry but there is no basis in law in which such a challenge can be made
However if the solicitor did not act promptly then the children may have a claim against him/her
Clare
Clare and other Family Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay thank you very much.