Will Nullification.?

Collapse
X
  • Filter
  • Time
  • Show
Clear All
new posts

    Will Nullification.?

    Any ideas please.?

    Following the death of my late father-in-law some years ago, it was obviously advisable to get a new Will legally created by a solicitor for my mother-in-law which my which my wife and I assisted. Both my wife and her brother are beneficiaries/executors of the current estate, brother-in-law was supplied with all relevant documentation pertaining to the Will

    Recently, some years later, I have discovered my brother-in-law is seeking legal nullification of my mother-in-law’s latest Will via another firm of solicitors. I therefore request advice on the following:
    • Could brother-in-law undertake this procedure individually.?
    • Would mother-in-law be required to sign any documentation associated with the formal the Will Nullification documentation.?
    • Is the latest Will currently Nullified.?
    • Or can the Will Nullification be challenged following obituary of mother-in-law
    Sorry I cannot supply exact dates for obvious reasons

    Many thanks

    #2
    Is MIL still alive then? I don't see how BIL can nullify a will while she is, unless she cooperates.

    Comment


      #3
      MIL is still alive, so I suspect, as you do, she fully cooperated with BIL actions, I also advise she is now an exceptionally aged and frail elderly lady

      thank you

      Comment


        #4
        I add totally brainwashed by her son, if she did sign any formal documentation in relation to the Nullification , she would today not understand the document which she signed.!

        Comment


          #5
          Most married couples would construct wills that were meaningful beyond the death of their spouse, so I find the new will itself questionable.

          You cannot know what is in the will, for certain, until after death.

          At that point you would need to have evidence of either lack of mental capacity when she signed, or undue influence.

          I imagine the son would try to argue that she lacked mental capacity when she signed the will that you and your wife created, and/or used undue influence. The fact that you seem to have assisted in the drafting of the will certainly puts you at risk of accusations of undue influence.

          I believe the right way of cancelling a will, before death, is to create a newer will which contains the provisions of the older will.

          The level of mental capacity needed to sign a simple will is not high, but if there was any question, you should have had a specialist solicitor or doctor witness the signature.

          People are allowed a lot of latitude to do silly things in wills.

          Comment


            #6
            Any new (valid) will replaces any previous wills, so the BiL is (presumably) attempting to show that the will made after the death of the Father in Law was not valid.
            That's obviously something they're allowed to do - lots of wills contain "errors" that can make them invalid.

            If this is the route being followed, presumably the MiL doesn't have the capacity to make a new will, as that would be the simplest way to make the second will invalid.
            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

            Comment


              #7
              When making the new will, the old one should have been physically destroyed. If so, getting the will ruled invalid is likely to result the intestacy rules applying.

              As I said before, until the death of the testator, only the testator would normally know for sure what was in their will, so wills are not normally challenged until after death.

              Incidentally, does anyone have a registered lasting power of attorney in force, or a similar court order?

              Comment


                #8
                Originally posted by leaseholder64 View Post
                When making the new will, the old one should have been physically destroyed. If so, getting the will ruled invalid is likely to result the intestacy rules applying.
                I agree - doesn't always happen, though.
                When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                Comment


                  #9
                  I thought it was normal practice to insert a statement in new will "to revoke all previous made wills"

                  OP should be consulting a solicitor specialising in "Wills and Estate Administration" .

                  Its not a matter covered by Landlord and Tenant Act.

                  Comment

                  Latest Activity

                  Collapse

                  • Is it going to be possible for me to buy a property
                    blinko
                    HI everyone,

                    i currently own a property with a mortgage of £137k and market value £160k

                    I would like to buy another property , is it possible to withdraw some of the equity from my current rented property and use this o buy another one? a

                    and if so how might...
                    10-01-2019, 15:56 PM
                  • Reply to Is it going to be possible for me to buy a property
                    loanarranger
                    Hi Blinko
                    What is your current residency given that your HSBC mortgaged property is Let?

                    Given the equity which exists in your mortgaged property and depending on the level of rent you should not experience any problems in securing a Remortgage to fund the next purchase which I am...
                    22-04-2019, 10:14 AM
                  • Reply to Is it going to be possible for me to buy a property
                    blinko
                    so sorry to clarify market value approx £260k loan approx £137k ironically they did give me 85% LTV when i purchased but this was for home ownership. on a resi mortgage
                    21-04-2019, 19:52 PM
                  • Repossession threats
                    worldview84
                    Hi there

                    I have a consent to lease on a help to buy property and the equity loan, which is 25% of property value, has now matured. I have had significant difficulties passing a credit check and am concluding it is probably highly unlikely that I will be able to remortgage in time now before...
                    13-04-2019, 08:47 AM
                  • Reply to Repossession threats
                    loanarranger
                    Gordon is quite correct in sofar that 100% mortgages are not available , there are however three lenders who subject to status etc will consider a remortgage of up to 95%:-

                    Nationwide
                    Skipton
                    Hinckley & Rugby Building Society.

                    If you go onto their web sites...
                    17-04-2019, 12:31 PM
                  • Reply to Repossession threats
                    Gordon999
                    It seems to me that you have bought the property with a 25% equity loan ( by Developer ?) and 75% normal mortgage and nil deposit from yourself .

                    The equity loan is now matured , then you have to re-pay the equity loan and you must re-mortgage the property. Re-mortgage of loan ...
                    17-04-2019, 03:52 AM
                  • Best approach to start up
                    JoshK
                    Hi All

                    I am hoping you can help me make the right choice in starting up my investment business.

                    My situation: I am a first time buyer, I have £50k for a deposit, my mortgage broker is lending me £270k or £350k with my wife (she is already a home owner) and we currently live...
                    14-04-2019, 14:39 PM
                  • Reply to Best approach to start up
                    Gordon999
                    I think you should focus using your £50K deposit on financing your first time home and finding a location which suits all of you.

                    Mortgage lenders will lend up 3.5 to 5 times of your annual income. You can get a better understanding of mortgage products by looking at money website...
                    17-04-2019, 03:17 AM
                  • Reply to Best approach to start up
                    JoshK
                    Thank you for your help :-)
                    16-04-2019, 20:37 PM
                  • Reply to Best approach to start up
                    loanarranger
                    Find a firm of Chartered or Certified Accountants in your local area and also a firm of solicitors who have a minimum of three partners and are on the panel of the majority of Banks & Building Socities. Most firms will offer an initial meeting without charge and then detail their subsequent charges....
                    16-04-2019, 06:46 AM
                  Working...
                  X