Hi i need some help with a will and probate?

Question

Hi, my mother recently passed away and we are currently trying to sort out the will. However, we have encountered a problem as we can not find the original of the most recent will just a copy. The probate people are therefore planning on invalidating that will. The problem i fear with that is the will before it was done during a family conflict when half the family was not talking to the other which was thankfully resolved years before my mothers passing. However, that will gives all the inheritance to just one of the seven siblings whereas it was obvious my parents would have wanted it split between all of us and why my mom changed it back to the way my dad made it decades ago.

So my question is if they choose to invalidate the most recent will, will they go back to the one before it or act if no will was found in which case i assume it will be split anyway due to it goes to the children if no will is found.

Thanks in advance

Answer 1

Hi

Sorry to hear about your loss.Had some personal experience with this. Sadly, copy of latest will may not be acceptable. So the will before that if original may be used. How about settling the issue with family members through mutual communication?

Better still, if you have any lawyer friends or relatives, get their opinions or seek the advice of a lawyer. Hope this helps and everything will turn out well for all.

Answer 2

The previous Will will most probably be used to distribute assets. However, in your situation, the best way to resolve this is to have a family meeting (Mediation) in the presence of a solicitor whereby the solicitor draws up a document outlining what the copy Will states and therefore agree to actually distribute the assets according to that document.

The agreement can become legally binding but at the same time, you and your family can informally agree to distribute the assets after it has been distributed according to the Will.  

Answer 3

Did your mother have an attorney? Maybe he has the latest will! If you have searched the house from top to bottom, she could have stashed it with him or in a Safety deposit box! But if it cannot be found anywhere, then I think the fairest solution would be to split her estate evenly, then noone is hurt.  Of course, if this ONE person objects, he/she could inherit everything.  It's shame when this sort of thing happens.  Your mom is probably rolling over in her grave right now, not being able to sort things out.  I am truly sorry for her passing.  I hope everything turns out right. Oh! one thought! who is supposed to be the executor! That person should know something.

Answer 4

Is there actually another will in existence?  It should have been destroyed, as the making of a new will invalidates it. If it is genuinely possible to say that no valid will can be found, then it is possible to take out letters of administration and deal with your mother's inheritance as one of intestate succession. This would have the effect of dividing the property equally among the siblings, just as your mother wanted. This situation has, however, the makings of another family feud if some of the siblings feel that they are being disadvantaged under this arrangement and take the matter to court.

Answer 5

The court will generally accept the most recent will of record. IF they determine that will is invalid, they may choose to accept the next will in the timeline, or refuse to accept any will and treat the estate as intestate and dispurse any funds under state intestancy law.

Up to teh arguments made to the court.