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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 14315
Experience:  I have been practising for 30 years.
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Assistant: How can I help? My brother and his wife made a

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Hi there.
Assistant: Hello. How can I help?
Customer: My brother and his wife made a will together. She died last year and now he wants to change it. Can he do that?
Assistant: Estate laws vary by state. What state are you in?
Customer: I stay in the UK.
Assistant: What documents or supporting evidence do you have?
Customer: Sorry I thought I was on a UK site
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No that's it thanks

Good afternoon. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

what does he want to change in the will please

Customer: replied 9 days ago.
The proceeds of the house is meant to be going to his stepdaughter, now he wants to give his sister's a small amount each. I said he couldn't but he's doing it with my other sister. I think it's a waste of time and don't want to get caught up in any family politics

there is no such thing as a joint will. Each person has to have their own.

There are mirror Wills where each persons wishes reflect that of the other.

There are (not common) Mutual Wills where each persons wishes reflect that of the other usually but there is an additional clause enforceable in contract where each of the parties says that they will not change the Will after the death of the other.

It is very common in second marriages when someone who dies wants to make sure that their spouse does not change the Will after the first death to make sure that all the stepchildren (children of the deceased) don’t get anything.

Hence, if these are not mutual wills, he can do what he likes and cut the stepdaughter out altogether if he wishes.

The stepdaughter may have a claim against him under the Inheritance Provision for Family & Dependents If he has not made a reasonable provision for so he would be most unwise to cut her out altogether. They can only do that after he has died

I can see no reason why he cannot do what he’s proposing.

I appreciate that you don’t want to get caught up in any family politics and if that’s the case, you are going to have to leave him to get on with it.

 

Can I clarify anything else for you?

 

I am happy to answer any specific points arising from this.

 

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Thank you.

 

If you still need any points clarifying, I will still reply because the thread does not close.

 

Best wishes.

 

FES

F E Smith and 2 other Law Specialists are ready to help you
Customer: replied 8 days ago.
Thank you very much for your advice, it's been very helpful.
Regards
Alison Shaw