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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33947
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My uncle drafted a will in front of a solicitor and two witnesses.

Resolved Question:

My uncle drafted a will in front of a solicitor and two witnesses. The solicitor then typed up the will but he died a couple of days later while it was in the post for him to sign. He had no wife or children but two cousins on the paternal side, he had left the bulk of his estate to one of these cousins and her husband. Is the will completely invalid or is there some intent that can be taken into consideration? A trace has been put on any other family members and it has been found there was an auntie on the maternal side who adopted a son. This son then married and subsequently his name was put on the birth certificate of a boy who was 4 years old at the time (his birth was re-registered). We don't know if he is the real father. Do they have a legitimate claim?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is ***** ***** am happy to assist you with your enquiry.

To enable me to answer you fully, could you please confirm how many siblings your Uncle had, and if they dies before him, how many children the siblings had?

Thanks
AL
Customer: replied 2 years ago.


My uncle was an only child, he had no siblings

Expert:  Clare replied 2 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.
What is your exact relationship to your Uncle
How many children did his grandparents have?
Clare
Customer: replied 2 years ago.


My mother is his first cousin. On the paternal side there were two sons, my mum's father and her cousin's father. We are aware of all existing family on this side. On the maternal side there were 7 children, one of which was my uncle's mother, one adopted a child which I mentioned earlier and none of the others had children.

Expert:  Clare replied 2 years ago.
Hi
Just to check - your mother , her cousin, and the adopted child are all still alive?
Clare
Customer: replied 2 years ago.


My mother is alive and she has a sister. Her cousin died before he could sign the will. The adopted child has died but he put his name on a birth certifcate for a boy who was 4 years of age (his wife and he re-registered the child's birth - his wife being the mother, the child was born 3 years before they married). We have a copy of the re-registered certificate (1990) but not of the original birth certifcate. We are not sure whether he is the natural father.

Expert:  Clare replied 2 years ago.
Hi
II am afraid that if the Will had not been signed then it has no force at all.
If there is no earlier Will then the Intestacy Rules apply and the estate will be split in two.
Half will go to your mother and her sibling equally between them and the other half will go the the son of the Adopted Child.
I am afraid that unless you have evidence that the Adopted Child was NOT the father of the child who was re-registered (this was done to legitimise the child following the marriage of the parents) then there is no basis on which this can be prevented
Please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33947
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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