How can you find out about previous Wills?

[Tansie]

If you were say suspicious that a new Will had been made under duress, where would you go to find out if a previous Will had been 'lodged' or not?

Please don't say 'Ask the deceased's solicitor' as I'd have no idea who that was and would be pretty certain it wouldn't be the same person who'd 'overseen' the last Will!

Any earlier Will will automatically have been revoked (cancelled) by the later one. Therefore even if the original is still around, it is irrelevant, unless a court sets aside the more recent one for one of a few reasons, one of which is duress, and in those circs, the original may be taken into account, depending on the circs.

Earlier Wills are not lodged anywhere; a grant of probate is given after the death, upon the basis of the most recent Will.

So the reality is, we are unlikely to ever get to see the contents of a previous Will?

When you say 'previous Wills are not lodged anywhere'- surely if you make a Will properly, a solicitor has a copy of it; and although a new Will may supersede it, that previous Will and its contents still exist somewhere official, it isn't immediately shredded even if you make that new Will at the same solicitors?

Any idea how long Probate lasts?

thanks

I have never shredded a previous Will, for the reasons mumblechum states - and in fact quite recently I had a case where the most recently dated Will had not been properly executed, so I needed to use the previous Will.

Quite often, people use the same solicitor to do their Wills for years - so many solicitors will have a Wills pack for each client with several Wills in it. If I get a new client who has previously made a Will elsewhere, I normally ask for a copy of the most recent one and store this with the new Will that I have prepared. This is just practice though, there's no requirement to store previous Wills in this way.

Sorry, but there is no 'lodging' of Wills - they are private until the person dies, and although some folk have tried to start up systems of registration, they are not compulsory.

As far as I am aware, once Probate has been granted, the Grant and a copy of the Will (which is attached to the Grant) is kept permanently.

I see, so if the person concerned made a previous Will (as she said she had), unless we knew with whom she'd made it, there'd be little chance of us ever getting to see it?

Once Probate is finished and signed and sealed, is there any recourse to be had if evidence emerges that the last Will was made under duress?

The aggrieved party in all this are either pretty hopeless or being far too trusting of human nature and have, imho, already missed a couple of opportunities to mitigate the outcome of this final Will, but there you go!

You would need to know where any previous Will was stored, yes - you can: (1) search the deceased's property; (2) write to local solicitors and enquire; and (3) place advertisements (e.g. in the London Gazette or Law Society magazine).

I don't know re: revoking a Grant if it turns out to have been made under duress - I've never done contentious probate work, sorry. You might find some info in this article published by a Barristers' chambers regarding Undue Influence.

Are you an executor? Bear in mind the Oath for Executors requires them to swear that the relevant Will is valid. If the executors don't believe that this most recent Will is valid due to duress/undue influence being exerted on the deceased, they should not swear that it is.

Long story-

My grandad GD was married to W1 and had 2 sons, one of whom is my dad (was, as now deceased). W1 died very young. After several years of widowerhood GD married another woman, W2, who already had an 18 year old illegitimate DD, born following a fling with a serviceman who died in the war..

GD died and rather oddly considering he had been a town clerk and executor to god knows how many Wills himself, left no Will. So his Estate went to his wife, W2. Late in life, W2 took her DD, now a grown woman, abroad to meet her (deceased) father's family. At the time she, W2, told my parents she'd had to 'redo her Will in order to fly', presumably as her own DD would be on the same plane as her (!) and presumably was a (the??) beneficiary of her Will.

This implies the existence of a Will.

Anyway, W2 became old, suffered dementia, finally went into a home where a Will was signed and died.

The new Will, executed by DD, leaves the LOT to herself. DD is claiming this was the only Will her mother ever made.

We know that W2 would have shared the proceeds between DD and my dad and brother, being her, albeit 'adult', stepsons. However, she was not the brightest spark in the chandelier and DD is a schemer.

We suspect the first Will counted dad and his brother in, so DD made mum redo it, whilst demented, to favour her exclusively.

Trouble is, W1 died 18 months ago now, and we don't know who W2 might have placed the Will with, assuming it existed.

I recognise that we are on a hiding to nothing, really, but in particular, dad's brother is very upset about it and wants to see 'what can be done'.

I am looking into it for him because his family are all pretty supine, really!

"The new Will, executed by DD..." Do you mean she is the executor, or a witness? If the latter, I'm pretty sure she can't be a beneficiary, but one of the lawyers on here can confirm.

Certainly a beneficiary or potential beneficiary may not witness a will.

She didn't witness the Will in the nursing home, she drafted in 2 mates to do it. She is the executor. And only beneficiary.

Well, if the testatrix did not have capacity because of her dementia, possibly there would be a claim.

As Emsyj said upthread, you need to speak to someone who specialises not just in probate, but in contentious probate.

I suspect that you may be too late so I'd get your skates on if Iwere you.