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Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

What if another will shows up?

21 replies

Cottonfairy4615 · 22/09/2021 22:20

So, I'm not too sure what to do about my current predicament. Really sorry for the length, didn't want to drip feed. I'm in Scotland, if that also makes a difference.

A relative recently passed away. We are a small family with me being the youngest.

Due to family drama which isn't relevant, my relative didn't speak with the rest of our family for over a decade. I was a child when all of this happened, however prior to this I was close with the relative.

We assumed that he would've wrote a will, ensuring his estate didn't come to us. I looked around his house and even phoned all the solicitors in his town to see if they had anything. However none of them did.

I eventually found a safe in his house and even more surprisingly, found the key for it. Amongst other documents was a drafted will, which wasn't signed or witnessed, which left everything to charity. It referenced a solicitor in a different town, so we contacted them and they did have a will, just not the one that had been drafted. It was an earlier will, early 90s, which detailed my two remaining family members as sole beneficiaries.

Now, neither of my family members want anything from the estate and they've asked me to take it. It's a life changing amount of money for us, around 200k we think including the house. I have decided though that if the money does in fact come to me, I will put a large portion towards charity in his name. There was also a section in the drafted will giving a friend of his an amount of money and I would also want to honour this.

Now, I feel we've done everything we can to locate a current will. Part of me feels that he copied my Grandmother's will to get the wording right, with plans to get it to a solicitor, but he just never did. Part of me thinks there could be a will, I just don't know where to look. I'm concerned that if I take the inheritance and some years down the line a new will does in fact crop up, that I'm going to be chased for money that we potentially won't have anymore (we were thinking about putting an extension on the back of the house).

If we do accept the money, can it be taken back from us if a will does appear later on down the line? Would we end up in debt if money had been spent?

It's a very weird situation. I'm mourning the relationship of a relative who I wish I'd made contact with as an adult. I feel as if I'm not worthy of the inheritance because I wasn't there for him, but it would also change our lives. I'm so concerned that if I accept, that it'll be all taken back later on.

OP posts:
lolliespalooza · 22/09/2021 22:29

I'm sorry I don't know the answers to your questions but have you done a search for the will here?

www.nationalwillregister.co.uk/willsearch/willsearch.aspx

ChristmasPlannier · 23/09/2021 05:03

Surely the right thing to do is follow the draft will? Give money to friend and charity as stipulated.

ChristmasPlannier · 23/09/2021 05:04

I'm horrified you think it's acceptable to keep money that you do not believe the relative wished to leave you

Spiindoctor · 23/09/2021 05:14

If the relative felt strongly enough they'd have corrected the will - this
I'm horrified you think it's acceptable to keep money that you do not believe the relative wished to leave you
Is ridiculous.

MrsTerryPratchett · 23/09/2021 05:16

@ChristmasPlannier

I'm horrified you think it's acceptable to keep money that you do not believe the relative wished to leave you
No one knows.

Maybe he rethought and therefore didn't get it signed and witnessed. It wasn't last week, it was decades ago.

starrynight21 · 23/09/2021 05:27

He had a lawyer to leave it with, and he had a safe to put it in, but he didn't do either. I'd say there is no "other will". What is with his lawyer is the only legal will , so go with that . What you're planning seems fair to everyone.

Finknottlesnewt · 23/09/2021 05:46

@ChristmasPlannier

I'm horrified you think it's acceptable to keep money that you do not believe the relative wished to leave you
This is "legal matters' not AIBU !

There is one legal Will. The one with the solicitor. For some reason he drafted another but didn't sign it. Despite having a solicitor. Probably because he had changed his mind. The second draft being made when not speaking to your relatives but as that was resolved decided not to proceed.

Regardless of any reason - a legal Will at the solicitor is a legal Will. Enjoy your windfall.

MyOtherProfile · 23/09/2021 05:49

If he didn't get the draft witnessed and signed after all these years I think it's safe to say he just never quite made up his mind to do it.

So go with the legal will but check that link about for a will search first.

MyOtherProfile · 23/09/2021 05:51

This link is official and a much cheaper place to start:
www.gov.uk/search-will-probate

Pythonesque · 23/09/2021 11:01

[quote MyOtherProfile]This link is official and a much cheaper place to start:
www.gov.uk/search-will-probate[/quote]
That link is only helpful if you are looking for a will that has been through probate. It won't find any will for someone whose estate is yet to be dealt with!!

I don't know much about the national will register referenced upthread, but that exists to help with this situation of "is there a will and if so where is it?"

To the OP - it sounds to me like you and your family have done all the right things and, with a solicitor also involved to agree the variation your relatives are proposing, I would hope that the risks of future problems would be very low.

MsWarrensProfession · 23/09/2021 11:09

You can buy insurance against another will turning up. It wouldn't be cheap - maybe a couple of thousand pounds, but it would give you peace of mind to spend whatever money you choose to keep.

Cottonfairy4615 · 23/09/2021 11:37

I understand people are upset about my thoughts on taking the money.

To complicate matters ever so slightly, the money he has was all from my Grandmother, which due to the way her finances were placed (ie house was put into his name and a house she obtained through inheritance was sold and then the money way was never seen again).

Without me speculating too much, as like I said I was a child at the time and I have only heard one side of the story, it is believed that my Grandmother didn't understand her financial position, perhaps due to confusion or naivity, and that he ended up with a lot of money in his accounts, while she lived off her pension.

In the eyes of my family, although not legally, it's her money and not technically his, and it was her wish for me to inherit what was hers.

Thank you for your suggestions.

OP posts:
334bu · 23/09/2021 11:48

You have no way of knowing whether he wrote down these wishes in a fit if temper and then promptly forgot about them or whether these were his wishes. Where the money came from is irrelevant, the fact is he had a legal will outlining his wishes and that is all that matters both legally and morally.
Enjoy your windfall.

MurielSpriggs · 24/09/2021 00:47

@ChristmasPlannier

I'm horrified you think it's acceptable to keep money that you do not believe the relative wished to leave you
That way madness lies.

I agree with the consensus. There are clear rules about what constitutes a valid will. Why would you mess about trying to guess what a dead person "really" wanted to happen by scrutinising unsigned drafts any more than you would listening to family rumours or consulting a psychic!

MyOtherProfile · 24/09/2021 03:41

@Pythonesque I know but if a will was with a solicitor and the beneficiary had been contacted they would be going through probate, wouldn't they?

Pythonesque · 24/09/2021 07:34

I think that register only lists wills where the probate process has been completed.

MsWarrensProfession · 24/09/2021 07:56

[quote MyOtherProfile]@Pythonesque I know but if a will was with a solicitor and the beneficiary had been contacted they would be going through probate, wouldn't they?[/quote]
The OP would be the one doing the probate, so wouldn't need to search to find out that it was happening.

The only reason why a search of national probate register would help her would be if her relative had made a will in favour of some unknown third party and given it to them and the third party were obtaining probate extremely fast behind all the relatives' backs. But that seems vanishingly unlikely and you'd find out other ways - eg by an estate agent sign going up outside the house.

The OP is worried that there's a will hidden somewhere which no one in the family yet knows about - the paid will registry might help, though if he had a regular family solicitor it seems unlikely that a will would have been registered elsewhere.

Thehouseofmarvels · 24/09/2021 20:27

For the person saying that OP would be taking the money against her relatives wishes, the relative had done a will before and therefore would have known he needed to get it signed and witnessed. You have no idea if he wrote the unsigned will whilst in a temper and never signed it because he calmed down and rethought. Op also says much of the money came from her gran so he may have made a choice for the money to stay in the family. Op, as a young person, if you have any children please consider keeping money in a trust for house deposits. Me and my friends are late twenties and the people getting on the housing ladder tend to have family help or inhearitance.

Mindymomo · 25/09/2021 06:49

Do you know who the Executors are, it should say in the Will. They will be the ones sorting out the financial matters for probate. It maybe the Solicitor. I’m not sure but I think the money would still have to go to your family members who are beneficiaries and then they are free to do what they want with it. I agree with what previous people have said, if he had wanted to change his Will, he had plenty of time to do it, as he obviously knew the procedure. Either way, I think you and your family need to see Solicitor that has the Will and see what can legally be done. But the unsigned Will will have no bearing on the situation.

prh47bridge · 25/09/2021 07:36

@Mindymomo

Do you know who the Executors are, it should say in the Will. They will be the ones sorting out the financial matters for probate. It maybe the Solicitor. I’m not sure but I think the money would still have to go to your family members who are beneficiaries and then they are free to do what they want with it. I agree with what previous people have said, if he had wanted to change his Will, he had plenty of time to do it, as he obviously knew the procedure. Either way, I think you and your family need to see Solicitor that has the Will and see what can legally be done. But the unsigned Will will have no bearing on the situation.
The executors are the ones appointed by the valid will.

The beneficiaries can sign a deed of variation so that the money goes to the OP rather than to them. They money does not have to go to them at all if they don't want it.

An unsigned will has no legal effect at all. The draft will in the safe is therefore irrelevant. It doesn't matter why it was drafted or why it wasn't signed. It has no legal effect.

If a later will turns up after the money has been distributed, the executor(s) are liable even though they were unaware of the later will. Provided the beneficiaries have acted in good faith, it is unlikely that they would be required to pay anything back.

MurielSpriggs · 25/09/2021 19:09

If a later will turns up after the money has been distributed, the executor(s) are liable even though they were unaware of the later will. Provided the beneficiaries have acted in good faith, it is unlikely that they would be required to pay anything back.

This is very interesting, @prh47bridge. I did not know this, and it does seem very unfair on executors who may have made a thorough search and also acted in good faith.

It would make me very reluctant to act as an executor.

The lack of any procedure for being sure that the will in front of you is truly the last will and testament seems like a massive flaw in the whole probate process.

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