Probate query

[Lagoonablue]

Can anyone advise please? Man prepares will with solicitor and in it bequeaths a third of his estate to a relative
by marriage. Man dies before will signed so estate goes to probate. The relative won't inherit anything now as all the estate is to go to remaining nephews who are sons of his dead brother.

Relative can't challenge a will as there is none but does she have any legal case at all? Is not a dependent. Thanks. Any advice helpful.

Would the nephews voluntarily support giving the relative anything?

Yes they are willing to share the inheritance with her but she wants the lot! She thinks the unsigned will means she should inherit as per his wishes. Nephews being reasonable but she is not I think.

Thanks for reply.

So she wants one third and they are prepared to give her a smaller amount?

Anyway, if the nephews both agree, they should look into a Deed of Variation which enables the will's beneficiaries to be changed. Something about this was in the budget the other day but I think it's still an option at present.

I'm not a lawyer but a few family members have done this.

There is no will though.

Well ther is an unsigned one.

You've said there is a will but it just isn't signed. Surely the sensible thing is for everyone to follow the will, as if it had been signed. I can't see why people would do anything different, as that was clearly an expression of his wishes.

Ah, I see. There's not even an older will?

Also if the unsigned will was prepared by a solicitor what have they advised?

Try this for info:

theprobatedepartment.co.uk/deed-of-variation-of-intestacy/

Vegas, I'm not sure the solicitor has any position here - who would their client be?

As I understand it, the unsigned will has no legal status so they can't apply to vary it.

There is a solicitor sorting it out. Not sure what they will suggest yet.

They can't agree to follow the dead mans wishes as legally the estate must pass to the nephews. Any agreement would have to come after that has happened.

I just wondered if any solicitors on here could comment on this.

Thanks.

The variation of intestacy has to be an agreement. The nephews are willing to share but as female relly feels entitled to what would have been a larger amount under the unsigned will, she won't accept this.

I think I am answering my own question. She can't challenge a will that doesn't exist legally and unless all parties agree can't vary the inheritance.

She should agree to accept what they are offering which is fair IMO.

Lagoona, the people who have to agree to the variation of intestacy (same as for a will) are the beneficiaries giving something up. The recipients don't have to agree (though I guess they could refuse it)

I do think the nephews ought to give her what their uncle intended, TBH, but that's up to them!

Well that's up to them.

Thanks for replies.