by Whitegate  17/10/2018  140 Page Views
1 Comments  Wills, probate, letters of administration, powers of attorney
Father wrote a will just before being diagnosed with rare disease that resulted in hydrocephalus two days after signing, (Sister and joint executor with Partner at signing of will)

Will stipulates individual blocks of farm land to left to individuals, namely partner and four adult children. Assumption was made that house was on block left to partner. House situated on another block belonging to sons. Values of said blocks not important. Girls to receive greater value/larger blocks. Boys smaller blocks. Boys point out "error" told by Executor sister, will is the will and it will stand. Father develops Acquired Brain injury from hydrocephalus, memory not good,realises error. Makes attempt with another Solicitor to readdress former will to make provision of house to Partner. Also changes sister Executor for other sister to act as Executor. Further that children would have "right of refusal" to purchase previous blocks. Monies to be split equally between the five beneficiaries Makes two hand written notes. One witnessed and signed. Not dated. Health declines before Dr will give him a clearance to sign new will. Placed into care. Passes away.

Probate applied for by Executors named in first Will. First question: Should those notes and Solicitors draft of second unsigned will be admitted as codicils for probate?

Due to no provision for house, Executors pushing for subdivision of three acres to put the house on the first mentioned title for the Partner.

Second question: Can they do this? This is not according to the instructions of first will, but is in the second will.

Thirdly: Does not this mean that it is now becoming A deed of family arangement, where all beneficiaries are to be in agreement?

Seeking mediation with all effected parties, but Executors to date reluctant to agree.