Dear all, my mum passed away recently. She has done a will with a lawyer about a month ago before she died. But few days ago before she died, she did another will using will kit and got it property signed and witnessed while she was in hospital and this will is her last will. I went see the lawyer to help with getting probate using her last will. The lawyer said she will try apply for probate using her last will, but there could be problem and may need to use her old will instead. Why? She did ask me questions like was she mentally capable which I believe she was. She also mentioned the possibility of my sister challenge the will. I'm not concern either as she is well off and I've spoken to my sister already and she won't challenge the will. My father said the same thing. Why would the lawyer care?
My questions are: How will probate court probate the last will? Why would they use the old will instead of the last will? Isn't the last will her final wishes and revoke all previous wills? What questions will probate court ask me when they are trying to probate the last will? Will they not probate the last will if they think my sister or my Dad will challenge the will? Will there be any problem getting last will probated?
The general details of the wills are follow:
Old will(done with a lawyer) -
joint executor: myself and her best friend
some gifts to her friends, some money to her friends.
The remaining assets including her house goes to me
Nothing to her daughter as they never contacted each other for many years.
Nothing goes to husband as they separated many years ago
Last will(will kit) (just a very simple will) -
one executor: myself, substitute executor her daughter
everything goes to me if I die go to her daughter
Didn't say anything about why nothing go to her daughter.
Didn't say anything about husband.