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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience:  I have been practising for 30 years.
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My parents made a will leaving everything to my brother and

Resolved Question:

Hi
my parents made a will leaving everything to my brother and I, my father passed away and my mum subsequently met someone else who fleeced her financially and encouraged her to change her will cutting us out. When he left her, she decided she wanted to reinstate the original will, she signed the terms and conditions, approved the draft (we have a dated signed letter stating her intentions) but before the final will could be signed she became ill and passed away. Where do we stand?
Submitted: 6 months ago.
Category: Law
Customer: replied 6 months ago.
Are we in a position to contest the will or is there anything we can do??
Expert:  F E Smith replied 6 months ago.

It is not possible to reinstate a previous will. That is because a new will revoked the will. It would be necessary to do a new will.

If your mother had simply destroyed the will leaving everything to her partner, then she would have died intestate and everything would have gone to her children. That would have solved the issue.

As it is, there is a perfectly valid legal will it seems albeit that the terms are out of date.

Family and dependents who have been cut out of the will can bring a claim under the Inheritance Provision for Family and Dependents Act.

A claim for that, in the circumstances will succeed but it’s unlikely to succeed in overturning the whole will.

Can I clarify anything for you?

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Best wishes.

FES.

F E Smith, Advocate
Category: Law
Satisfied Customers: 8720
Experience: I have been practising for 30 years.
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