Will Advice Please

[jaynethepain]

Uncle B has died leaving a large detached house. We have had sight of the will which is a handwritten WH Smith type document in Uncle S's handwriting. Uncle S is Uncle B's brother. It has been witnessed. However Uncle S is the beneficiary of the house & his two children each receive a cash amount each. Anything left is shared between 2 other sisters of Uncle B and my husband as his father has died. Is this legal? Sounds a bit dodgy, what's the opinion?

[Mamyalynne]

I'm not 100% sure what you mean by dodgy? Uncle B was at liberty to leave his house and or money to whoever he wished.

Or do you mean that you don't think the will is a lawful document?

[ubasses]

While you are waiting for one of the Legal people to come along, what date was the Will signed and at that time did Uncle B have full mental capacity. If he did, he is fully entitled to leave his Estate to whoever his wishes. If not you will then need some legal advice

[bhg481]

It doesn't matter whose handwriting is on the will. What does matter is that neither of the witnesses is a beneficiary and that they were both present at the time Uncle B signed the will.

[EDDIE51]

Dodgy? In what way? As long as the will has been legally drawn up and witnessed it is legal.

[Old_Geezer]

Further to the answers above I am of the understanding (from elsewhere on this site I think) that if someone can reasonably expect to be a beneficiary, for example they were being supported by the deceased before their death and expected to be provided for, the there may be a case to be made. But I suspect such circumstances are probably rare.

Aside from that I see nothing you have written to suggest foul play.

[Buenchico]

I used to draft wills for a living. Assuming that there's no 'technical' error (such as a witness being a beneficiary under the will, which would invalidate his/her inheritance but not invalidate the will as a whole), I can see nothing wrong there. Why do you think that there might be?

[themas]

I assume you are suspicious because S wrote the will & he & this children come off best from it. I can understand why you think it might be dodgy but there could be all sorts of reasons why B did this. You need to consider the earlier posts but also bear in mind that challenging the will (which is the only way you could do anything) would be a lengthy process & very costly. You would also have to pay the other side's costs if you lost.

[Peter Pedant]

The only dodgy bit is your hubby isnt receiving as much as you/he thought or hoped he would

Is it dodgy that someone who writes the will, benefits largely from it
Not in my view

[jaynethepain]

Not at all peter and I am offended by your comments. My husbands two elderly aunts are unhappy about the situation. The uncle who died was somewhat of a recluse and they feel that he may have been coerced into leaving the house to their brother only. Aunt C has indicated that the will isn't dated and not signed by their deceased brother. Surely that makes the will void .....or not? We don't know and without taking it to a solicitor was just looking for any constructive advice rather than suggesting that my husband is being avaricious.

[Barmaid]

Seek expert legal advice immediately from a specialist. It is a complicated area.

There may well be a good reason why Uncle S drew up the will for Uncle B. However, this is one of the circumstances which would "excite the suspicion of the Court" (ie where a beneficiary has played a significant part in the drawing up of the Will).

[Mamyalynne]

Well if it isn't dated or signed that must make a huge difference.

[Obiter]

You say that you have had sight of the will. Is it signed and dated or not?

[Obiter]

^^...or are yousuggesting that the signature on the will is not that of Uncle B. If so, then both the signatory and the witnesses are in deep trouble.

[Mamyalynne]

Apparently not...


//Aunt C has indicated that the will isn't dated and not signed by their deceased brother. //

[Mamyalynne]

Tangled web - seek legal advice now as Barmaid suggests.

[factor-fiction]

The new info about the lack of a signature and date makes a huge difference and means that most of the early responses can be ignored as, like me, I think most posters assumed the issue was simply that the person whose handwriting was on the will was the main beneficiary

[Obiter]

But does Aunt C mean that the will is not signed at all or that the signature is a forgery? The OP claims to have seen the will. Perhaps a second sighting might prove more instructive.

[jaynethepain]

Thanks everyone, all info very useful. Aunt is elderly and has indicated that it isn't dated. Hubby is requesting a copy of the will to get a clearer picture. I'm not sure that the deceased uncle would have been on sound mind but I didn't know him so cannot really comment. Will take a look at the will & then see what's the best thing to do. Lots of things to think about here and thanks again everyone.

[jaynethepain]

Also and I'm sorry I forgot this piece of information, it appears there may only be one witness. I would have thought there should be two, is that correct? And presumably the executor, who is also the main beneficiary, cannot be a witness and inherit?

[Obiter]

You are right that there should be two witnesses. Also, although an executor can inherit he cannot be a witness as beneficiaries must not witness the will, otherwise their 'share' is cancelled and goes back into the pot.