Will Nullification.?

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  • josh123
    started a topic Will Nullification.?

    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

  • Gordon999
    replied
    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.

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • leaseholder64
    replied
    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?

    Leave a comment:


  • jpkeates
    replied
    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.

    Leave a comment:


  • leaseholder64
    replied
    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.

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  • josh123
    replied
    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.!

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  • josh123
    replied
    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

    Leave a comment:


  • JK0
    replied
    Is MIL still alive then? I don't see how BIL can nullify a will while she is, unless she cooperates.

    Leave a comment:

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