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Legal matters

Must I recognise a new will

40 replies

Nightowlsleeps · 17/11/2020 03:37

My Mother has recently died.

I have two brothers and we all thought my Mother’s will left everything to be split between us equally and it was written 10 years ago. I have been left executor of her will.

Today, I was sorting some paperwork out and have found a more recent will. It leaves £100 to each of my brothers and the rest to me - I’m horrified! It is dated a year ago, during which time my Mother started to dislike people for silly reasons, often being quite nasty.

I know I could do a deed of variation to reinstate my brothers’ shares, but they would be so hurt and I’m worried it will change our relationship.

What are the penalties if I “un-find” it. I wouldn’t be defrauding anyone but myself. The 10 year old one was drawn up by the family solicitor, but the newer one looks like an on-line one witnessed by neighbours.

I’m sure this change was because of early stage dementia. We had just approached the GP about it before she died, but with C19 hadn’t got very far. I’m so upset about it. We’ve only just had the funeral, so other than use the centralised website to let government agencies know, I haven’t done anything yet.

OP posts:
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DameCelia · 17/11/2020 13:58

@zafferana , did you not read @serialgrannie's excellent and correct comment?
If you are not a solicitor your opinion about your own intention to commit criminal offences by swearing an oath that you didn't know of a later will is irrelevant and unhelpful.

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MNOverinvestor · 17/11/2020 15:02

Can I add that your mother seems to have raised all of you very well... Flowers

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RedHelenB · 17/11/2020 18:06

I think you need to be honest and show your brothers both wills , explain about the dementia and say when your mother was of sound mind she wanted it split equally and this is what you are doing.

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cabbageking · 17/11/2020 23:59

You can show the new will to the solicitor, get them to sort it and split the money equally. You do not have to share the will with anyone not named and can stop any hurt by sharing the funds yourself.

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MoonJelly · 19/11/2020 01:07

When my grandmother died, she left out of her will a neighbour who did an awful lot to help her. My mother just instructed the solicitor to send the neighbour some of her portion and, without lying, at least give the impression that she had in fact been remembered in the will.

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FourPlatinumRings · 19/11/2020 01:20

Glad you got decent advice in the end, OP.

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Cosyjimjamsforautumn · 19/11/2020 19:38

Ask the solicitor about a deed of variation so you can indeed split your DM estate 3 ways if that is what you wish.

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Hohofortherobbers · 19/11/2020 21:24

Present the latest will and do the deed of variation, but don't keep it secret, you'll be found out somehow. Additionally, as its you gifting the money to your brothers and not your mother you may need to survive the gift date by 7 years before it's officially out of your estate for IHT purposes.

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GertiMJN · 19/11/2020 21:42

Present the latest will and do the deed of variation, but don't keep it secret, you'll be found out somehow. Additionally, as its you gifting the money to your brothers and not your mother you may need to survive the gift date by 7 years before it's officially out of your estate for IHT purposes

This isn't correct, Hohofortherobbers. Any changes made in the deed of variation will be treated as if the deceased had written them into the original will. The distribution of assets would NOT be a gift from the OP, they would be treated as bequeaths from the deceased and any inheritance tax would need to be calculated at the time of executing the will.

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etopp · 20/11/2020 21:48

@MNOverinvestor

Can I add that your mother seems to have raised all of you very well... Flowers

I would second that.
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Nightowlsleeps · 21/11/2020 18:34

Thanks for all the help and kind words - they are much appreciated.

I had diner with my brothers yesterday (please, no comments about social distancing) it was to discuss a strategy for disposing of assets and whether anybody wanted any particular items/keepsakes.

They both knew! They didn’t want to put pressure on me so weren’t saying anything. Apparently, I will never make a living playing poker, as I can’t lie for toffee. My Mother had threatened them with this and shown it to them when she was having an irrational period. Apparently, they were fairly certain that I would be fair, but didn’t like to mention it- when they saw how upset I was they guessed what it was about. We discussed how it was her illness talking and not her. It’s still stings, but doesn’t hurt.

All sorted now. Appropriate keepsakes for all and a fair division of money. Everyone with a task to help sort out the estate, so nobody feels left out.

OP posts:
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tribpot · 21/11/2020 18:44

Good, I'm so glad this has worked out as I think your mother would have wanted it when she was in her right mind. I was going to warn that when I inherited from my grandfather I received a copy of the will along with the cheque and had to sign to say I had no further claims against the estate, so assuming that is usual practice your brothers would have found out at that point anyway.

I'm glad they had faith in you to rectify this without adding to the pressure of recent grief.

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GertiMJN · 21/11/2020 19:07

Oh I'm so glad it's out in the open.
A real testament to you all Flowers

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Rae36 · 23/11/2020 08:25

You are a lovely family. So many families lose all sense of kindness and fairness when money is involved.

Glad it's all sorted.

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Rolopolo2000 · 23/11/2020 08:28

Pleased it’s worked out

But I would be disturbed my brothers knew and didn’t tell me but instead were “fairly certain” I’d be fair. Presumably talking between themselves.

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