Author Topic: Will Query  (Read 397 times)

Offline CaroleW

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Re: Will Query
« Reply #9 on: Tuesday 02 June 20 20:40 BST (UK) »
You say the wording is that "if any cousin dies within my lifetime"  then their share passes to the deceased cousins descendants.

So - John died within her lifetime ...........?? 

If the will had been worded on the lines of "shared equally between the following cousins providing they are still alive at the time this will is made"  that would be different

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Offline zetlander

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Re: Will Query
« Reply #10 on: Tuesday 02 June 20 22:27 BST (UK) »
John died in 1979 - she made the will in 1983.

We think that what happened was she made an earlier will pre 1979 when all the cousins were alive.

She then decided to alter her will - instructed her solicitor to make the change - solicitor made the change but kept the list of beneficiaries the same not realising that one of the cousins had died.

It seems there's a time limit of 12 years to challenge a will.

Offline CaroleW

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Re: Will Query
« Reply #11 on: Wednesday 03 June 20 00:23 BST (UK) »
Yes - the time limit has long passed so itís unlikely you would get anywhere.    I think if the challenge had been made within that 12yr period there may have been a chance of success given the way the will was worded.    It doesnít matter what any earlier will said as the 1983 one would revoke all previous wills. 

Her signature was on the 1983 will and it was her responsibility to notify any changes & ensure it met with her requirements - not the solicitors

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Offline zetlander

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Re: Will Query
« Reply #12 on: Wednesday 03 June 20 11:20 BST (UK) »
Yes - the time limit has long passed so itís unlikely you would get anywhere.    I think if the challenge had been made within that 12yr period there may have been a chance of success given the way the will was worded.    It doesnít matter what any earlier will said as the 1983 one would revoke all previous wills. 

Her signature was on the 1983 will and it was her responsibility to notify any changes & ensure it met with her requirements - not the solicitors

thanks.

you're right - nothing can be done about it now.

my friend who has lost out on about £90K is a tad miffed !!

it just goes to show that every document etc should be thoroughly checked before signing etc.