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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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My brother has just died. The only copy of his Will is all

Customer Question

My brother has just died. The only copy of his Will is all crossed through and he has said he wanted to change his Will
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
Do you have a specific question?
Customer: replied 3 years ago.

OK Service

Expert:  Stuart J replied 3 years ago.




Do
you mean that your brother made a load of amendments to the will in preparation
for doing a new will, but never did the
new will?

Is
someone going to argue distribution of the estate?



What
would you like to know?



We
do need the full background please



Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.

No he just crossed out the names of executors and recipients. it is possible that distribution of the estate maybe contested. I would like to know if ishould be notifying all people such as Banks, Occupational Pension, Insurance Companies etc. The background is he was a widower no children father and mother deceased my sister and I are the only blood relatives, sister is a widow and I am married two children and two grandsons.

Expert:  Stuart J replied 3 years ago.
Who is likely to contest it?
Customer: replied 3 years ago.
Possibly my brothers brother in law by marriage
Expert:  Stuart J replied 3 years ago.




Such
a will, and with various amendments may be allowed or not allowed by the court.
Depending whether by striking things out your brother intended to revoke the
will.

That
would come down to evidence and what the court believed was the case.



If
the court believed that the will is revoked, then your brothers estate passes
in accordance with the rules of intestacy and if there are no parents alive it
goes equally to all siblings. If any siblings has predeceased your brother and
left children, then the deceased siblings share goes to that deceased siblings
children.



So
on these facts, the estate would be divided equally between you and your
sister, if the will was revoked and therefore invalid and the estate passed to
beneficiaries in accordance with the rules of intestacy.



Who
did the person who is likely to contest this marry, because I am not certain
what the relationship is and whether the brother-in-law by marriage would have
a claim or not



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