Is the sisters partner married to her or are they in a civil partnership or do they just live together?
Do you think that your mother-in-law has been coerced in some way into signing everything over to her daughter and excluding your husband?
Has the system been tackled about this?
Was there any suggestion that the mother did not have full mental capacity in 2009 when writing the will?
Where is the original will?
Does your mother-in-law or lack mental capacity now?
Was this a do it yourself will or was it drafted by solicitors?
Was there any falling out between your husband and his mother prior to the will being written?
If a will is witnessed by someone who is a spouse of one of the beneficiaries or a civil partner of one of the beneficiaries, then the bequest to the beneficiary is invalid.
However it must be a partner who has gone through a legal civil partnership, not just partners who live together.
I think it unlikely that a civil partnership because they are not usually undertaken by male and female, just two people of the same sex. However, it is possible.
If the witness is the civil partner in a civil legal partnership, you might not want to say anything! That way, the will will just be largely invalid.
If it is your sister-in-law’s intention to split the estate proceeds 50-50, then there is no reason why the will should not have said that.
If the sister tries to keep everything for herself, your husband has an excellent challenge either for undue influence, the inheritance (Provision for Family and Dependents) Act, or lack of mental capacity at the time was written plus of course, depending on the status of the partnership, being incorrectly witnessed.
Can I clarify anything for you?
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The legal situation is that if it is witnessed by the spouse or legal civil partner of a beneficiary, then the bequest to the beneficiary is invalid.
The law does not recognise people who just live together. Hence, if they just live together, the partner can witness the signature of the potential beneficiary because legally, although they lived together, they are just two independent people.