Jonto

Are there any on here ?

If so could you reply and i will pm you.

Cheers

T.C

Let me know what you are after. We have a wills and probate group here at work.

Jonto

Hi ya

thanks for getting back to me, i am an insolvency practitioner by trade and have come across a alot of stuff through work, but this a personal matter that has got me stumped.

Great aunt has died, left a will, one executor and funds from her estate have been distributed from her solicitors. Now, some else has approached us claiming to be an executor of her will, (another family member) and that there is another will, but they don't know where, or what solicitor holds it. The solicitor of the alledged second will knows nothing of the first will.

So, is it possible to make 2 wills ? is there a register that they are logged onto and traced, and if there is 2 wills, which one is valid ? i have read a bit of case law which says that in this event, if the executors of the first will are not removed/notifed then the second will is invalid ?

Any ideas ?

Tiggs

the first line of any will will be "i hearby revoke any former will" or words to that effect.

so the latest is the only real will- as long as its all signed/witnessed etc.

there is no log as such as you could write your own will get it witnessed and thats it.

feel free to email if you have any other q's

T

Tiggs

just re-reading and want to check this:

"Now, some else has approached us claiming to be an executor of her will, (another family member) and that there is another will, but they don't know where, or what solicitor holds it. The solicitor of the alledged second will knows nothing of the first will."

do you mean the solicitor of the only known will knows nothing of the unknown will?

some bloke saying "im executor of a will i cant find" is going no where fast!

fast bloke

So, is it possible to make 2 wills ? You can make as many as you like - The most recent one will be valid (last will and testament - not second last will and testament, and as Tiggs says - a proper will should start I herby revoke...)

is there a register that they are logged onto and traced, and if there is 2 wills, which one is valid ? - No - It seems like a good idea though

i have read a bit of case law which says that in this event, if the executors of the first will are not removed/notifed then the second will is invalid ? Sounds unlikely - what does the solicitor who administered the known will say?

You could ask the new executor if he knows who the witnesses to the missing will are, and if he knows when it was created. If he can't provide any proof and/or the missing will he is more then likely trying it on....

Tiggs

moral of the story.....keep your will in safe storage and inform your executors as to where that is.

any will i provide comes with a credit size slip for the executor to keep that details the locatioon of the will and its ref. number that allows us to pull up a copy.

T