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Changing A Will

Discussion in 'Wills and Estate Planning Law Forum' started by prasad, 24 April 2014.

  1. prasad

    prasad Member

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    My partner's mother has created a will with an estate planning solicitor. She is now dying and we are the primary caregivers. The solicitor she created the will with has written into it that all legal matters regarding the will are only to be dealt by with him (which seems ridiculous).
    Can her mum write a new will with a different solicitor to override the previous one? My partner feels as though this will is unfair as it see's everything locked up for over 50 years and if someone dies he (the solicitor) becomes executor and not one of the family members.

    Thanks
     
  2. winston wolf

    winston wolf Well-Known Member

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    Yes she can have a new will written at any time. BUT be ware if she is not fully capable of understanding what she is doing the will will be easier to challenge.
    If the new will gives your partner an advantage compared to the "old' will this may be seen as undue influence and jeopardize the "new" wills validity.
    If any new will is challenged it will eat up a large part of the estate.
    I dont understand the last sentence?
    How long ago was the will written?
    Have you spoken to your partners Mum?
     
  3. prasad

    prasad Member

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    The will was written in 2012. The solicitor has put a clause in saying that anything to do with the trust must be done through him (to me it seems like he has effectively guaranteed future income out of this) . The beneficiaries of this are my partner and her sister and basically the properties and money are to remain in a trust so if they choose to sell the money goes into the estate and if they get a loan out of the trust (as long as her uncle agrees to it) and buy a property it remains in the trusts name and not hers. And the money will be allocated weekly.
    She hasn't spoken to her mum yet but just wanted to know if her mum agrees to let everything be divided equal amongst the two (her and her sister) so they can get a lump sum can the solicitor that wrote the will in 2012 challenge the new one? And can a different solicitor write a will with her mum to override the one done by the solicitor in 2012. They both agree this is fair and equal so won't challenge each other but does the original solicitor have a claim? Can he say he doesn't believe she had the 'mental capacity' to make that decision. Her uncle is executor but if he dies then the solicitor becomes executor so that fact and the one where he has put the clause in, to me say he has vested interest in the will and estate
     
  4. winston wolf

    winston wolf Well-Known Member

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    This is one reason why lawyers often do wills quite cheep is that most executors will use the lawyer that wrote the will and that's where they make there money.
    Having said that, some people do have a history with a lawyer and thrust them, so it makes sense to use them for the estate. This can turn bad if the practice is sold and the new firm has sky high charges. I new one estate worth $180k where the new firm had a $60K minimum charge!!

    Ether way she can write a new will and the old lawyer has no say in the matter. Get letters from here doctor saying she is competent and she can still use her brother as executor.

    Can you think of any reason why she would have wanted to make a trust rather than a simple bequest?

    Sorry to say I see trouble ahead.
     
    Marcus likes this.
  5. prasad

    prasad Member

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    why is that you see trouble? If the mum agrees and the 2 daughters agree its fair and they can draw up a new will shouldn't it all work out?

    To answer your question I have no idea
     
  6. winston wolf

    winston wolf Well-Known Member

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    Can you think of any reason why she would have wanted to make a trust rather than a simple bequest?
     

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