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What would you do? Inheritance matter

6 replies

blackbraids · 24/08/2024 00:46

So my OH's mum has early stages of dementia (not diagnosed) and is easily manipulated/convinced about things i.e vulnerable. Her husband passed away a few years ago and stated in his will that all assets would go to the wife and when she passes away to be split equally between their two children. That will exists but was not registered.

OH's sister took her mum and made a will leaving everything in her name. Kept it all quiet from everyone and we only found out through a letter that arrived. This happened in another country. Mum says she doesn't remember signing it and that she would never do that, she wants to leave assets to both of them just like the dad wanted.

I find this terribly wrong but not sure how to proceed? What would you do?

OP posts:
BreadInCaptivity · 24/08/2024 00:53

Get proper legal advice rather than posting on MN unless the inheritance was peanuts.

blackbraids · 24/08/2024 00:55

Yes of course I will be getting legal advice but maybe there is more to it. Thanks for your input anyway

OP posts:
BreadInCaptivity · 24/08/2024 01:22

I'm not being facetious.

The country they reside in matters. What's relevant in the UK is not elsewhere.

You say she is easily manipulated, well that works both ways and the sister could make the same claim in reverse.

Generally the husband's will is irrelevant. Once he left his assets to his wife they were hers to distribute as she wishes - even if that was in contradiction to want he wanted.

Another2Cats · 24/08/2024 08:44

In that case she needs to write a new will, it's as simple as that.

Are all the assets in just that other country? Sometimes, people will have two (or even more) wills for different countries if they have assets in different countries. Each will applies just to the assets in that country. This isn't required but it can speed things up.

This can be really helpful where there are different succession laws in each country. For example, if a person had assets in both India and the UK then it can speed things up and make it a lot easier if they have both a UK will and an Indian will.

prh47bridge · 24/08/2024 09:50

If this is in the UK, wills don't have to be registered. Depending on what was in the husband's estate, probate may not have been required.

If the husband's will left his wife a life interest in the assets with them then passing to his children, that still applies regardless of anything in the wife's will and regardless of whether probate should have been obtained by his executor(s).

Regarding her estate, as others have said she can simply make a new will revoking any previous wills.

blackbraids · 24/08/2024 13:10

Ok thanks everyone, I will look into all of this while we talk to a solicitor. I think she didn't expect anyone to find out in time to correct it, so I am glad there is still time to put things right.
Yes the assets are all in another country. It's not millions but it's substancial plus property.

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