Is it possible to use an out of date will?

[SallyTomato]

Have name-changed (not that it's that interesting).

Does anyone know if it's possible to use an out of date will. In short my dad made his will almost 5 years ago and if he and my stepmum were to die then part of the estate would go to his step-nephew. Since then I have had DC's (his only grandchildren who he adored) and he never updated his will .

He was pretty organised so it seems weird that he never bothered with the dc's.

My stepmum was the sole beneficary of the will made in 2006 and was also the sole executor. If dad had updated his will to include his grandchildren would be be possible for my stepmum to use the older copy?

[titchy]

The most recent will has to be used - but are you sure there is one more recent than the one mde in 2006? Did he not leave anything to you? Did he get it drawn up by a solicitor - would they hold a more recent copy?

[mumblechum1]

No, only the most recent will is valid. The first paragraph of any will says that it revokes any earlier will.

[SallyTomato]

That's what I'm thinking. To clarify, if he and my stepmum were to die together (plane-crash scenario) then it would be split between me, my sister and his step-nephew.

But as he died on his own (which is what happened due to cancer) then my step-mum got everything.

So me, my sister and his grand-children weren't left anything. I'm more suprised they weren't acknowledged, I'd almost understand him over-looking me and my sister (nightmare teens ).

I think it was drawn up by a solicitor, I got a copy of it from the probate office.

[mumblechum1]

Sorry about your dad.

It doesn't sound as though he left you anything, then. Unfortunately, as I presume that neither you nor your children were financially dependent on him, you are unlikely to be successful in any claim against the estate.