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Can I contest my fathers old will?
4 Answers
My father has recently passed away, and I am trawling through all his old documentation to sort out his affairs. I have found an old will from 1993 that he made when my mother was alive - leaving everything to me and my brother who are the executors.
Since then, my mother passed away (in 2007) - and my brother ended up living with my father - but they fell out a number of years ago when my brother tried robbing him of over £10,000.
He threw him out and he said he never wanted to see him again.
I am led to believe that he made a new will wroting my brother out - but I cannot find any trace of any new will document yet, and I have also tried local solicitors to no avail.
My father died quite suddenlly - and I am quite sure he did not want my brother to benefit from his death.
If no new will can be found - could I contest the original one stating all the facts above?
(there are police records etc that confirm aspects of the attempted theft etc...)
It isnt abou the money coming to me - its about me knowing that my brother does not benefit - which is one thing that my father wanted to make sure happened,
Thanks, Darryl Smith
Since then, my mother passed away (in 2007) - and my brother ended up living with my father - but they fell out a number of years ago when my brother tried robbing him of over £10,000.
He threw him out and he said he never wanted to see him again.
I am led to believe that he made a new will wroting my brother out - but I cannot find any trace of any new will document yet, and I have also tried local solicitors to no avail.
My father died quite suddenlly - and I am quite sure he did not want my brother to benefit from his death.
If no new will can be found - could I contest the original one stating all the facts above?
(there are police records etc that confirm aspects of the attempted theft etc...)
It isnt abou the money coming to me - its about me knowing that my brother does not benefit - which is one thing that my father wanted to make sure happened,
Thanks, Darryl Smith
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No, you cannot contest a Will based on the fact that the person who made the Will subsequently changed their mind (about the contents of the Will) – but did not up date their Will to reflect this. Even if, as mrs_overall is suggesting, you had any number of people in court testifying to the fact.
This demonstrates the importance of keeping your Will up to date – and even considering possible changes in personal circumstances (that might occur in future), when writing your Will.
This demonstrates the importance of keeping your Will up to date – and even considering possible changes in personal circumstances (that might occur in future), when writing your Will.
Further to my above post – if your late father used a solicitor to draw up his Will, then it is highly likely that any subsequent Will was made with the aid of professional help. Most (if not all) solicitors will want to keep a copy of any Will made with their assistance, it could be that he used one of those Will writing services who advertise in many local papers.
If his Will was self-made, then I suggest you talk to those who might have been witnesses to the Will, who may remember witnessing the Will.
It is possible that he deposited any later Will with his bank.
Other than to keep searching for the later Will – I would suggest you seek advice as to your legal responsibilities (being a joint executor) - how long you can reasonably delay in distributing your late father’s assets. And what would happen should a later Will be discovered, once those assets have been distributed.
If his Will was self-made, then I suggest you talk to those who might have been witnesses to the Will, who may remember witnessing the Will.
It is possible that he deposited any later Will with his bank.
Other than to keep searching for the later Will – I would suggest you seek advice as to your legal responsibilities (being a joint executor) - how long you can reasonably delay in distributing your late father’s assets. And what would happen should a later Will be discovered, once those assets have been distributed.
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