Suppose someone dies, and they have left a will. To the best of the knowledge of the executor, this is the last will of the person concerned. The money and property is distributed according to the terms of this will.
Then out of the blue, a MORE RECENT will is discovered. This second will is valid, having been duly witnessed etc. Only thing is, it uses a different solicitor and names another executor.
What would be the legal standing of this second, more recent will?
And would this situation be different depending on Scots or English law?
2007-01-08 00:33:01 · 6 answers · asked by Not Ecky Boy 6 in Business & Finance ➔ Personal Finance
The most recent will is the correct one if done right and legally. It should surface before an estate can be closed. If the old exectutor done the job correctly then notices should have been sent and advertised and the person/s holding the new one should come forward. Why didn't it surface? How long was it before it was known? Was everything handled legally the first time?
2007-01-08 00:37:24 · answer #1 · answered by dana j 4 · 0⤊ 0⤋
You need a good lawyer as it could be argued that the person was not in sound mind. Why would they use a different lawyer for a start and they have also hidden the fact they have done it so if the second will is a bad one you have a lot of ground to fight. Maybe worth contacting citizen advice they are well informed of your rights etc... Good Luck!
2007-01-08 08:38:06 · answer #2 · answered by The Weird One! 4 · 0⤊ 0⤋
Great question, I believe the fault would lie with the primary solicitors, due to not executing the relevant searches and notices involved in probate law, interested to hear some of the answers from qualified people
2007-01-08 08:39:24 · answer #3 · answered by Stevie t 3 · 0⤊ 0⤋
The more recent will would hold up in court as long as it has somewhere in the will a more recent date and also it should say that the recent one is a legal binding document and that it cancels all other documents and has been stamped with the solicitors stamp
2007-01-08 08:40:23 · answer #4 · answered by fran 5 · 0⤊ 0⤋
my friend is having that problem at the moment :::::: it looks like the second solicitor is now being taken to court due to lack of duty.
2007-01-08 08:38:44 · answer #5 · answered by Anonymous · 0⤊ 0⤋
the more recent one stands, althoughi don't know how you would go about collecting the distributed estate and re-distributing.
scottish law differs to english.
2007-01-08 08:37:11 · answer #6 · answered by heebygeeby 4 · 0⤊ 0⤋