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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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, my father dies recently and his will is not actually saying

Resolved Question:

, my father dies recently and his will is not actually saying what he thought it did. My mum was with him when he signed it and both her and I know exactly what his wishes were. It was drawn up by a trainee who has since been dismissed. I need to know how we as executors can overturn the will to ensure that my dad's actual wishes everyone are adhered to?
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.

Thank you question.

I will do my best to help you but I need some further information first.
What is the problem with the Will?
Clare
Customer: replied 2 years ago.
He thought he was leaving all money and assets, excluding the house, to be split between his wife and his 4 kids in specific proportions. It turns out that it is all left to my mum. Also, he believed he was leaving the house to my mum but that if she were to sell it, or die, then his 50% of it would be divided between his wife and his 4 kids in the same proportions. We have been told that the way it has been phrased means it is now in trust which is the last thing he would have wanted. We want to overturn the will to ensure assets are split according to his wishes and then my mum will reestablish the proportions of the house in her will to maintain my dads wishes.
Expert:  Clare replied 2 years ago.

What is the exact wording of the "trust" clause
Clare
Customer: replied 2 years ago.
There is no reference to a trust in his will, but the solicitor who advised us, told us that because he had left the house to my mum and in the event of her death or her selling the house then his interest in it would be divided between her and the four children, which is what we believed, and thought, but she has said that this means he has set up a trust...
Expert:  Clare replied 2 years ago.

What is the wording with regard to the property?
Clare
Customer: replied 2 years ago.
Apologies, there is a mention of trust, but not as I know my Dad would have meant it
It says:
I give my property known as (address) together with the furniture, carpets, curtains and other articles of the household use or ornament not otherwise specifically gifted by my will or any codicil, ("the property") to my trustees upon trust to grant my wife (name) a right to use the property during the lifetime of (name) as long as this shall be required and subject to such conditions as to payment of outgoings and as to insurance repair and decoration and other matters as my trustees shall think fit and upon the determination of the above interest I give this property or its proceeds of sale or investments arising from it to divide the same as follows (as detailed in proportions between the 4 children).
Expert:  Clare replied 2 years ago.

Is the firm that the person who prepared the Will worked in existence?
Clare
Customer: replied 2 years ago.
Yes, it is them who advised us regarding the probate and that it is in a trust
Expert:  Clare replied 2 years ago.

Last question - are you all - wife and children - willing to take any action necessary to create the arrangements that your father actually wanted?
Clare
Customer: replied 2 years ago.
Well, yes, dependent on the cost. If the cost is more than his estate is worth, (his estate is not big by any means), then we will have to look at it a different way, but by overturning the will we can distribute his assets as he wanted and ensure that each beneficiary recieves the percentage of dads estate as he wanted, without the need of the trust we didn't know about
Expert:  Clare replied 2 years ago.

Since the Will does not do what your father wished it to do then I would expect the firm to agree to prepare a Deed of Variation on your behalf.
This will essentially "re-write" the Will on the terms that you all agree
Even of you have to pay is should not cost more than £500
Please ask if you need further details
Clare
Customer: replied 2 years ago.
Okay, thank you. Is this done before or after we apply of probate? Do we need confirmation of agreement from all beneficiaries or just the executors?
Expert:  Clare replied 2 years ago.

All the beneficiaries and the executors would have to agree - it is done after Probate but MUST be digned within two years of the date of death
Clare
Clare and other Law Specialists are ready to help you
Customer: replied 2 years ago.
Do we have to have everyone's agreement in writing?
Expert:  Clare replied 2 years ago.

They will ALL have to sign the document
Clare
Customer: replied 2 years ago.
Brilliant, thank you. Thanks of your help!