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The will was properly signed and witnessed, a solicitor has confirmed that (although there is some question as to whether it was back dated, as my mother was terminally ill with cancer and it is dated a couple of months before diagnosis).
The solicitor wanted to ask counsel as to whether the "forever" clause would stand.
The solicitor had a previous (2004) will lodged with him, that he thought was the correct one - until this new will popped up.
I hope this helps.
No, I can do though.The date is added in a different coloured ink, according to my sister, who saw the original before my father ordered the house safe to be broken into to retrieve this document. We have no idea if there was any codicil, if there was, he would have destroyed it.
I know that my father drafted the will for her, he had previously rang my sister and asked her to put pressure on my mum to change her will, which sister refused to do.
Just before my mother died, she told me in the hospital in the presence of my father and sister that she had "two wills, and you can choose between you which you use." My father said nothing. My sister and I told Mother that the law doesn't work like that; she had perfect comprehension, but was clearly naive in this aspect of the law, or my father had told her that one will did not cancel out the other.
I know that my father is putting it into probate now. We did place a caveat but have removed this as it seemed that it would be counterproductive.
Let me try and explain what happened a little better: I was executor of will 2004, along with a brother and his wife. When my mother died we went to her solicitor to put this will into probate, as Father refused to show us his new will. We mentioned the likelihood of another will floating about and the solicitor entered a cautionery caveat. After that, Father did give us a copy of the new will, which we gave to the solicitor. The solicitor said that it was legal and valid, and all he could do was try and find out if the "forever" clause stood.
Meanwhile, another solicitor (friend) said that as it was legal and valid, there was nothing useful to be done until it went into probate. That is why we asked the caveat to be removed.
It is basically a will written and signed by my mother, witnessed by two witnesses, and with my father as sole executor. They divorced in 2004 because of his unreasonable, controlling behaviour of her, and it saddens me to see that he was back in there, doing what he did best. We strongly feel that this is not about him gaining anything other than control.
I can speak to the witnesses. I know however that one witness said that he signed "a covered up document." He has told me that he did not know exactly what he was signing, which seems a little strange. I believe that my father must have instructed my mother to keep the creation of the new will secret from her family. I am not sure that this will help.
I believe that both witnesses were together and that my mother was present. I can confirm this tomorrow by asking one of the witnesses directly.
Thank you for clarifying this.
I have followed the link you supplied.
Just one more thing - in your opinion, if the trustees are all in agreement (we are) and are also beneficiaries, can we exercise the power to sell under the Trustee Act 1925?
the youngest grandchild was born three days after my mother died. She is three months old.