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unsure on a will an probate

54 replies

pez123 · 27/12/2020 14:01

can there be any mistakes in the executrix an benafitiary son an mothers second name , the name is steen for both an theyve made it steans on both names on the will an it made it through probate

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pez123 · 27/12/2020 14:01

can a witness date the will, rather than the the 1 who sighned ,who was makeing her will ,gives me reason to beleive there was no witnesses at when her signiture was made, the witnesses an date used the same pen an the an the deceased different

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pez123 · 27/12/2020 14:03

just advice

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HijabiVenus · 27/12/2020 14:17

Am i right in thinking the surname of the executrix, the surname of beneficiary son and surname of the mother is written differently in the will than the correct name?
And the witness has not signed the fact they witnessed the will but just dated it?
And they used the same pen as the deceased person?
Oh and the will has gone through probate?
Autospell is such a bind.

HijabiVenus · 27/12/2020 14:19

Do you think there is an issue with the will? Do you think it forged or false?
Is there anyone with the surname as written as opposed to the surname as implied by the executrix and beneficiary?
Did the deceased person have literacy issues?

pez123 · 27/12/2020 14:19

yes
thats right

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pez123 · 27/12/2020 14:24

the surname of the will writer is right the granmother, the daughter an her son who took the estate ,are different they both have the same surname but change there real surname from steen to steans both of them on the will

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pez123 · 27/12/2020 14:26

no issues just elderly an they both moved in on her the last few years of her life ,they run the house from her bck room an she had a stair lift so wasnt the fastest at her age

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pez123 · 27/12/2020 14:30

the will has been wrote by the same pen by both witnesses an has been in the same pen the date added, but the grand mothers pen is different an only her name sighned i believe a signiture was got somehow then taken solictors from there ,,no1 witnessed it sighned

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cabbageking · 27/12/2020 14:37

They may need to evidence their name change but should not be an issue.
You need two witnesses who need to be present and they can referred to if needed and still alive. It doesn't matter what pen is used to do want.

pez123 · 27/12/2020 14:39

i believe the one witness to be the aunty the executrix but didnt put her last name steen an put her ex partners address while she stayed in my grandmothers home with her son the aunty told my gran she was homeless then a year later her son couldnt afford his rent ,my father past last year an told me my grandmother wanted them out but they had took over

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pez123 · 27/12/2020 14:43

in witness wherofi hereunto set my hand to this my will this ...then dated by the witness ,not by the grandmother

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thecognoscenti · 27/12/2020 14:48

It doesn't matter who wrote the date. To be valid a Will needs to be signed by the testator in the presence of the two witnesses, who also need to sign in the testator's presence, and it should be dated. Re: the spelling of the surnames - this isn't disastrous if the executors swear an affidavit of identity confirming that they're the same people as the ones named in the Will. They the need to satisfy themselves as to the identity of the beneficiaries.

cabbageking · 27/12/2020 14:49

Why are you querying this?
Was there any surprises with who benefitted?
Did the named executor know of the deceased person's intention?

pez123 · 27/12/2020 15:44

the question is that i caught the aunty in her handbag down the side of the chair on a few accasions my grandmother saved bingo 1nce a month i just need to find the flaws as i know what went on but an need justice but not up to date on law i found the will by mistake on gov uk page ,the assets were left to brothers an sisters in will but nothing was said, the son told the familly he was buying the house but it was payed for

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pez123 · 27/12/2020 15:45

i was only young but moved away to study nvqs

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pez123 · 27/12/2020 15:46

probate has only justbeen gave to the son as the mother/aunt has pass away 2 months ago

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pez123 · 27/12/2020 15:49

it was a revoke so leads me to believe there may be an earlyier will ,they are bad people my gran didnt deserve what went on the son just played drums over her living room ,ide rather the estate be sold an given to charitys

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cabbageking · 27/12/2020 15:57

Had there been no will the money would have gone to the children if there is no spouse.
So likely the same situation as presently.
The executor is legally required to ensure everything gets to where it should go after all bills and costs are settled.
If someone wants the house they need to ensure others are paid their portion correctly. This may mean buying them out. Perhaps this is what the uncle means.

cabbageking · 27/12/2020 15:59

Is there any major difference to this and the previous will?

Is there a large time difference between the two and have relationships changed in that time?

pez123 · 27/12/2020 16:38

i have no idea if there is a older will ,but curious if there is ,as a new 1 made has revoked any other wills ,so may spend more money an check the registry board

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pez123 · 27/12/2020 16:40

a old will is valid for ever but things change maybe different house different children ect a will never exspires

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pez123 · 27/12/2020 16:42

Some individuals see it as an opportunity to take advantage of the rightful beneficiaries, as well as the person – perhaps when they were close to death, ­­or soon after death – to commit fraud and help themselves to the assets, personal possessions and cash. To most decent people, this is unconscionable behaviour, but unfortunately, it does go on.

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thecognoscenti · 27/12/2020 16:45

There's no point spending more to try and trace older Wills at the Probate Registry. Only one Will (the last one the person makes) is generally 'proved', i.e. sent to the PR after the testator has died. Older Wills are automatically revoked by later ones and no longer have legal effect.

pez123 · 27/12/2020 16:46

Changes to the will
If the deceased changed their will soon before they died, naming new beneficiaries this is why i need to find an old will if one but i believe there is or was

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thecognoscenti · 27/12/2020 16:49

Finding an older Will doesn't prove anything in itself though. If the testator had mental capacity they could change their Will the day before they died, if they wanted, and provided it was validly witnessed and they knew and approved the contents it would stand. Even if you do find an older Will you would have to prove it wasn't valid which could be very difficult and expensive.

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