Are you a lawyer? Question about wills.

[Whatwouldnanado]

If someone has signed a mirror will but then years later makes their own with different specifications does this render the mirror will invalid?

If A and B make mirror wills and then B makes a new Will then A's mirror will remains valid but B's mirror will is superseded by their later will.

Yes, the mirror wills aren’t bound by each other - rather they are just a reflection of each other when they are created.

One party could rip theirs up and change it completely the day after signing a mirror will.

Mirror wills can be changed by either party.

Mutual wills are where they can't be changed - these are not flexible and don't take into account changes in circumstances. These are not commonly made nowadays.

This. Mirror wills can be changed. Mutual ones (which are unusual) can't.

Thank you for your clear explanations.

For background it's about my dad and my stepmother who are estranged for a number of years but living in the same house.

My stepmother inherited half the value of her parents home. The money, together with some of Dad's savings was used to buy their current home. At the time all was well in their relationship. Dad signed a mirror will which specifies that on death the proceeds of the sale of the property will be divided into three with a third each going to my stepsister and brother. The remaining third would be divided into three with a third of this portion to me and the remaining two thirds being given each to my step brother and sister. This reflected the amount of money he put into the purchase. He was a professional on a good salary. His wife worked part time in retail. They both retired in their 60s, travelled had a good life with lots of friends.
He had done extensive work on his inlaws home at their request converting it so that the older couple could stay living independently. He and his wife also live there. Dad cared for his mum in law after her husband died laying the fire, making breakfast etc. She also had a regular cleaner and companion home help. I regularly visited this lady who i loved as a grandmother, in her late 80s and was disturbed when she expressed concern daughter who she said shouted at her when she came to her flat, criticising her about trivial things. I was in my teens, felt awkward, had been brought up to love and respect my stepmother so didn't do anything but asked the lady to speak to her herself. I regret this now.
A few years after the the move into the new property my Dad's marriage declined in parallel with his health and mobility. Previously very active he became "a cross she has to bear". Her criticisms, silences etc and personal frustration as he had to use walking sticks resulted in my father becoming suicidal. She told him she didn't love him. He said he felt rubbed out in his own home. Social worker encouraged him rather than ending his life to build a new one. Didn't want to move out the new house which he had also made into a beautiful home but engaged in a couple of clubs, we had more trips out. Friends stopped visiting because, they told me, his wife dominated conversation. She told people dad had had strokes and dementia which was untrue. She has her own health problems, doesn't leave the house, has a private carer who does the housework.
In 2020 Dad told me he wanted to make a will making me his executrix and sole beneficiary and set up a power of attorney so I drove him to the appointment.
Now, he is 90, in hospital needing to go into a nursing home. He is assessed separately for support for this, and the house doesn't have to be sold. I had to get paperwork from his wife and during my visit she said I should know that if she goes into care their will means Dad will get 25% of the value.
Dad says his one regret in life is having anything to do with her, he feels used etc. I tell him no point raking over things. He doesn't want me and my daughters to miss lose out.

Op

Cut out all the caring cross to bear, emotion.

None of it matters, people care every day for a beloved parents who then leaves them zilch because they feel sorry for the black sheep they never see.

Get a solicitor into the nursing home with his will to check what he wants.

Has he still got capacity?

The other question is where do they live? You don't specify this, but there is a difference between the child's claim to the estate in England and in Scotland.

Yes, complete capacity. It's been a very difficult few years, stepsister and I keeping the peace between them. She's older than me, was more affected by her parents split when they got together (I was 10 she was 17)but very fond of dad. Doesn't have a good relationship with her mother because she feels her brother, also older than me, was the favourite. My stepmother says her son wants her to live independently in the house. He will help her financially.
The bank statements I had to collect show Dad pays for everything apart from milk etc, they had meals delivered which he paid for. She's now taking over this
I feel Dad should continue to pay for rates, insurance of the property and he agrees.l

Obviously Dad needs to see the earlier will. I have asked his wife for it but she says it is with the lawyer.

Also, are they joint tenants or tenants in common?

Wills surely only come into effect when someone dies, so going into care is irrelevant.

I don't really understand what you're asking. They're both still alive, yes?

How do they own the house? Does DF own 25% and SM own 75% or do they both own it together and just agreed years ago that their wills would be split as you say?

Assuming you're in England, if they own it jointly (joint tenants rather than tenants in common) then when one dies the other will automatically get all of it and be able to do whatever they want with it. The first to die won't be able to leave 'their share' to anyone. Same with joint bank accounts.

What earlier will does your Dad need to see? His, or hers? And why does he need to see it?

grannyachings so the DF would need to sever the JT and make it a TIC?

Just to add that if they do own the house as joint tenants it is easy to change that. Either party can change it and they don't need the permission of the other party.

See below.

www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Both alive. Both names on the deeds of the property, his first, nothing about percentage so Dad presumes jointly owned. When he dies he wants me to benefit from his share not everything to go to his estranged wife and family as per the earlier mirror will. I find this very difficult, don't want upset but ultimately want Dad to have the outcome he wants.

@Whatwouldnanado unless the house is tenants is common it goes to your stepmom if she outlives your Dad.

Your Dad can easily sever the joint tenancy www.gov.uk/joint-property-ownership/change-from-joint-tenants-to-tenants-in-common

Stepmum cannot stop you severing the joint tenancy.

Get legal advice asap.

If it is owned as joint tenants then he must change that if he wants you to benefit

But I think you need to make sure that you understand whether there would be any implications for his nursing home fees

That's all understood. He wants to self fund if he can, this is all a part of it for him too.

We'll sever tenancy, make a new will. Job done. Very straightforward.