contesting a will

[salsamummy]

My step mother died recently and my father 15 years ago. They had a joint will and my brother was the executor. She moved the will and it was even changed again on her death bed. My brother was not informed. I didn't know but my father wanted some of the proceeds of the house sale to go to myself and other siblings. She left it to her children. I am not sure its worth pursuing but was initially upset as I was in her life the most. The original solicitors closed down last year and was overtaken elsewhere but they are denying they have the will to my brother. They are contacting me next week. If anyone could shed any insight of what I can do it would be appreciated.

There is no such thing as a joint will, there are mirror wills, where a husband and wife can make wills that mirror each other but there is nothing stopping one of them from changing their own at any time, which seems to be what has happened with your SM, once your dad died.

It is likely that, if her own children are the only beneficiaries, that they will also be the executors of the new will, not your brother.

It is disappointing if you have been cut out against your Dads wishes, but that is your dads fault, he could have left his half of the house to you and your DB in his will, to ensure you weren’t cut out on his death. It is a very common problem with step parents, from MN threads. DH and I have mirror wills but I do wonder whether I should leave some of my money direct to my DC in case he re married. Sad to have to think that way, but I would ensure that my DC were provided for in my will if I was widowed and re married.

A will can be held by anyone, it doesn’t have to be written by or lodged with a solicitor. Maybe your SM never had a will with the original solicitors, or requested it back and made a new one that is held by her children?

I would guess that your first port of call would be her children, as they are her next of kin.

You might be able to get a copy of your dads Will from the probate office. You might be able to find hers roo depending on how recently she died. Is your brother the Executor for her affairs? If he is her Executor he needs to know who her solicitors were and where the Will is stored, money cannot be paid out until probate is granted, who told you she has left it all to her children? Are you on good terms with her children, is this something you could discuss with them.

what did you dad's will say?

You said on her death bed was she competent at this time?

What does her will actually say?

I haven't seen her will. I only found out from her new partner. She left my son some money. A new solicitor visited her at hospital. I was there 12 hours after and she was on morphine for at least a week before and completely out of it. She didn't read or write. Could just about sign her name. My brother said my dad's will said we would benefit from the house sale but she sold it 12 years ago and bought another in her own name. It's very complicated. I just felt hurt as her son has popped in and out of her life .

then how on earth did she manage to communicate the will

If its a Mutual will that they made (years ago, i dont think they are done any more due to the number that have been contested...) then the mutual will cannot be superseded by a future one after one partner has died.

It all depends on what type of will it was.

I don't think a mutual Will can ever be changed, you need to find out what they actually said like pp suggests, have you got a copy of your dads Will.

Sorry for your loss, who has it gone too ? The son or her new partner ?

There is no such thing as a joint will, there are mirror wills

There are also, as some posters have said, mutual wills. As cheesywotnots says, mutual wills cannot be changed as the two parties have a binding intention that the wills cannot be revoked unilaterally.

Mutual wills are rare but if your father and stepmother had mutual wills any new will she made is invalid. If, however, they had mirror wills she was free to alter her will. From the information in your latest post it may be possible to challenge her will on the basis that she lacked testamentary capacity, although the solicitor who visited her should have checked.

If you want to pursue this you will need to consult a solicitor who specialises in contentious probate.

I think you need to get your Dads Will, it will say what type it was, if it was mutual or mirror.