Wills & Probate

[mandate7]

My aunt revoked her will under the misapprehension that her niece would also get a share of her estate,
and died before she had time to make another will. Is the will revoked ?.

[bednobs]

yes

[Barmaid]

Not necessarily. If your aunt revoked the will on the basis she was going to make a new will, the doctrine of dependent relative revocation (conditional revocation) may apply. You need legal advice. Btw how did she revoke her last will?

[alfiesgirl]

A revocation in law is produced by a rule of law, irrespective of the intention of the parties. Thus, a power of attorney, or the authority of an agent, is in general revoked by the death of the principal.

[mandate7]

My Aunt had been prompted by a younger sister to cancel her will (this was because she did not feature in the Will and would only benefit from intestacy) and everybody would get their share. My aunt who was aged 90 before she died used to quote this "Everybody will get their share".
It is understood from the firm of Solicitors who drafted and revoked the will, and after several months of our seeking details of the revocation, stated that the Testatrix appeared in her solicitors office one morning without an appointment and asked for her Will to be cancelled. The receptionist asked her to make an appointment, but she said she was not leaving until the Will was cancelled. The receptionist then got a junior solicitor who was just about to go out to a Court case, and he brought the will and tore it up in her presence. We are told that he did not have time to make attendance notes. Her niece was the main beneficiary in that Will.
About a week before the aunt died, she called her niece and said that she wanted to make sure she got her house and wanted to make a new will or to revive the previous one. TheTestatrix was quite ill at the time and arrangements were made with the executor who contacted the solicitor. The solicitor had said that he could attend at the Aunts house in 15 minutes, but on this occasion he said he could not attend until the following day.
In the meantime the Aunt died, and her sister who had been advising her about cancelling the Will is now vigorously seek letters of administration, although there is a caveat in place.
The niece is a very disappointed beneficiary, especially since her late Aunt just before she died was adamant
that this sister would not get "one shilling".

[frankiecat]

Mandate - I can't help regarding the will but you post makes the whole situation sound like an Agatha Christie novel. Where's Miss Marple when you need her?

Good luck.

[mandate7]

frankiecat ! Thank you for your amusing little comment. Pity you dont know as much about Wills and Probate as you
do about "Murder she Wrote"