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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10456
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father died 23 yrs ago and survived by my stepmother ,she

Resolved Question:

My father died 23 yrs ago and survived by my stepmother ,she recently died , the original will by my father was on death of them both the property would be divided between her previous children and his. I was executor in his will along with her son.I recently found out that she changed the will many years ago in favour of her own children solely. should I have been informed? I have heard that when she changed the will it was fully executed?
Submitted: 1 year ago.
Category: Law
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Thanks for your enquiry.

I take it that your father and step mother held the property as joint tenants? (meaning that on the first death, the whole of the property passes to the survivor)

I take it that they did not prepare Mutual Wills. This is different to "mirror Wills" which are merely identical to each other. (For wills to be treated as mutual wills there has to be an express agreement between the two testators that both wills will be irrevocable and will remain unaltered. Normally such an agreement will be incorporated into the wills of each testator).

I look forward to hearing from you.

Al

Customer: replied 1 year ago.
Not sure but when my Father informed us regarding will he mentioned my Stepmother had full power? Should he die first
But that we shouldn't worry they had solid agreement that it would be divided,she changed the will as found out that he had a brief affair as far as I'm aware to punish his children? what I really wanted to know should I have been informed as executor ? And my half brother said they fully executed the will I think he said with variant
Customer: replied 1 year ago.
Looking back on emails my half brother said will was fully executed with same lawyers who did original will.
I do not want to contest if no point, she obviously took the time and planning to alter the will and none of my Fathers children were informed.
Expert:  Aston Lawyer replied 1 year ago.

Hi,

Unless they made Mutual Wills, your step mother would have been free to change her Will and she would not have had to have given you notice. If they had made Mutual Wills, the contents of the Wills are binding, so you could sue your step mother's Estate if she has gone and altered her Will to exclude you. You do therefore need to find out if they were Mutual Wills (if you can find your Father's Will, it will say if it is a Mutual Will). If the same Solicitor oversaw the new Will, this implies to me that they were not Mutual Wills. Otherwise, the Solicitor would not have prepared a new Will for her.

If they were not, I'm afraid there is little you can do to contest her new Will, unless there was some formal agreement between you and your father and step mother guaranteeing that you would receive a share of their joint estate and in return for this guarantee, you carried out an act to your detriment in the expectation of receiving your due share (eg you cared for them or maintained and repaired their property). I doubt this happened, and if so, I think you would be wasting your time in taking any action.

Sorry this is snot the answer you were looking for.

Kind Regards

Al

Customer: replied 1 year ago.
Going to find out whether mutual will my family are Canada,America and my Fathers Isle of Wight and I'm in Hornchurch,Essex my sister in law has copy so will check ,mislaid my own in moving. Thanks, ***** ***** than when I started
Expert:  Aston Lawyer replied 1 year ago.

Thanks. I am guessing that is was not a Mutual Will, but good luck!

If I have helped, I would be grateful if you could rate my answer, so I can get credited or my time.

Kind Regards

Al

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