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Father's wife lying about the existence of a will

8 replies

chattykathyblue100 · 28/08/2018 20:05

Firstly, this is based in the Republic of Ireland but I hope someone can give me advice. My father died last year and several years ago he told me he and his 2nd wife had made mirror wills; spouse inherits and then anything left on the death of that person is shared between the adult children. Today I have requested a copy of the will only to be told by the Probate Office that his widow has declared he died intestate and deeds of administration have been issued to her. We definitely know there was a will as my aunt signed as a witness. Does this constitute fraud? It means if she were to die today her 2 adult children would inherit the lot. I know the final outcome will be the same anyhow as there was never anything to stop her leaving it all to them anyway but what she has done it still wrong and disrespectful to my DF. The main questions I have is how can this be allowed to happen? What's to stop a next of kin saying there's no will when there is one? Any advice will be welcome.

OP posts:
sprinklesandsauce · 28/08/2018 20:22

The solicitors usually keep a copy, I’d start there if you know who he used.

chattykathyblue100 · 28/08/2018 20:33

Thank you. I'm going to contact them tomorrow. So, if I hadn't requested a copy she could just get away with this? I'm flabbergasted!

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BlackAmericanoNoSugar · 28/08/2018 20:34

You might be better off under intestacy as the spouse gets two thirds and the children get a third divided between them. Especially if she is a bit sneaky as she could now change her will to leave everything to her children. In fact, I can’t really understand why she’s doing this as she would get all the estate under the will.

ElspethFlashman · 28/08/2018 20:41

I would actually imagine it's a mistake on her part.

It's disadvantageous to her for him to have died intestate. With a will it all goes to her, intestate she can only inherit 2/3 and 1/3 automatically goes to his children.

So it is fully in her best interests to provide a will. Possibly she is confused as to the validity of the old will.

chattykathyblue100 · 28/08/2018 20:49

Gosh, I hope this is the case in Ireland too! I can't believe it either. It won't have been a mistake as she was ranting a couple of years ago that she wanted to change the will. (She believed we didn't do enough for him even though we all live in the UK) She couldn't change it though as he had dementia for the last 3 years. Oh I really hope she's ballsed up!

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ElspethFlashman · 28/08/2018 20:51

No that is definitely the case in Ireland, I live here!

BlackAmericanoNoSugar · 28/08/2018 21:03

I'm not sure about 'Ireland too' as I only know about here (Ireland). Check out here and scroll down to intestacy.

If she suddenly 'finds' his will then she will get everything and can easily disinherit you by rewriting her will. Or her children can 'lose' her will and under intestacy they would get her estate divided between them and you would get nothing.

chattykathyblue100 · 28/08/2018 21:50

Thank you so much BlackAmericanNoSugar and ElspethFlashman I'm on to it ASAP!!

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