How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Jeremy Aldermartin Your Own Question
Jeremy Aldermartin
Jeremy Aldermartin, Solicitor
Category: Property Law
Satisfied Customers: 8303
Experience:  Dual qualified Solicitor and Attorney
Type Your Property Law Question Here...
Jeremy Aldermartin is online now

I was talking but lost connection... the day before my

Customer Question

hi i was talking but lost connection... the day before my mother died,,she wished mr to have the mother died
JA: Where are you? It matters because laws vary by location.
Customer: whereas it was previously (in her 2016 will) to be sold as part of the residual estate and divided between me 40% and my 4 children (60%)
JA: What steps have you taken so far?
Customer: my uncle, her brother is co executor and refuses to acknoledge this and
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: continues to insist we execute the 2016 regardless what can i di
Submitted: 12 days ago.
Category: Property Law
Customer: replied 12 days ago.
Customer: replied 12 days ago.
he brother ( joint executor with me) refuses to acknowledge this and is pressing me to start to execute the will. also calling my children to tell them i am disrespecting my mothers wishes,which isnt helping my relationship with my family,
Customer: replied 12 days ago.
i did suggest to my children a deed of variation ,,but with my uncle advising them not to .and with the possibility of inheriting. a further 45k each they are understandably reluctant to do that.
Expert:  Virtual-mod replied 12 days ago.

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Jeremy Aldermartin replied 10 days ago.

Hi thank you for your message, please note that I will look to provide an accurate but nevertheless speedy reply to your inquiry. I am sorry to hear about your situation but I will endeavour to help you today.

Expert:  Jeremy Aldermartin replied 10 days ago.

Firstly I am sorry for your loss. That said in essence your mother told you the day before she died that she wanted you to inherit the whole of the house in its entirety but had failed to change her Will to reflect that so the only valid Will is from 2016 and divides the house between yourself and your children is that correct?

Expert:  Jeremy Aldermartin replied 9 days ago.

I am afraid that as your mother never changed her Will before she died the previous Will stands. I trust this assists

Expert:  Jeremy Aldermartin replied 9 days ago.

Let me know if you have follow up questions

Customer: replied 8 days ago.
Hmmm, ty for your reply.
As she was contemplating her death , she was immobile and
Tbh bedridden, she had no way of actually destroying or altering her will..?
Expert:  Jeremy Aldermartin replied 8 days ago.
Unfortunately that doesn’t change the legal position many people intend to change their Will but unless they actually do so their previous Will stands. I trust this assists
Customer: replied 8 days ago.
it must be possible to revoke a will or change it whilst the testator is still capable? Seems to me no one wants to
Admit this. I’ll take my chances if I have to produce my evidence. Mum signed a revoke letter and confirmed I was to have the bungalow. I have recorder the whole event .so it’s pretty good evidence.
Expert:  Jeremy Aldermartin replied 8 days ago.
it is possible to change it whilst a person is still capable but they still need to meet the formalities like drafting a will correctly, having witnesses, signing it, having capacity etc. In your case though she didn’t do that. I trust this assists.