My dad was sectioned under the mental health act. He was having brain bleeds which led to vascular dementia, he never came out of hospital. He and my stepmother had mirrored wills leaving the estate to her children and my dad's children upon both their deaths. But after my stepmothers death 7 months after my dad died, I found out my stepmother changed her mirrored will benefiting her children and l lost my inheritance. I was a executor on both Wills until my stepmother changed her Will. My dad's probate is still being going through. Is there anything I can do. Thank you.
Mirrored wills
- Thread starter Pmb123
- Start date
Have a read through
todayswillsandprobate.co.uk
My step-parent has made a new Will after my parent died which has disinherited me. What can I do? - Today's Wills and Probate
By Emma-Louise Green, Associate at Meridian Private Client LLP and listed specialist in the Certainty Contentious Probate Hub & Area A scenario that we frequently encounter as contentious probate practitioners is where a step-child finds themselves in a situation where their step-parent has...
todayswillsandprobate.co.uk
Hello @Pmb123
a warm welcome to DTP
My condolences on the death of your dad, and your stepmother
such an unpleasant situation to find yourself in .. I sympathise, as a family member faced a similar (not the same) situation (and unfortunately with no proof, it was not possible to offer strong mitigation)
I agree that you need professional advice .. I hope you have either the original will naming you as executor and beneficiary, or a copy, as it will be useful evidence of your dad's, very understandable, wishes, and your stepmother's intention and wishes at that time
a warm welcome to DTP
My condolences on the death of your dad, and your stepmother
such an unpleasant situation to find yourself in .. I sympathise, as a family member faced a similar (not the same) situation (and unfortunately with no proof, it was not possible to offer strong mitigation)
I agree that you need professional advice .. I hope you have either the original will naming you as executor and beneficiary, or a copy, as it will be useful evidence of your dad's, very understandable, wishes, and your stepmother's intention and wishes at that time
Mirror wills are great for a married couple.
A leaves to B and B to A
There is nothing in this world that stops the survivor rewriting their will after the passing on person A ( or B )
Your father should have been advised that when he drew up the will originally.
Either he named you as a bendeficiary in t=his will- in which case you inherit now, or he didn't. It cant be both ways. Likewise HIS will cannot dictate what SHE chooses to do after his death
A leaves to B and B to A
There is nothing in this world that stops the survivor rewriting their will after the passing on person A ( or B )
Your father should have been advised that when he drew up the will originally.
Either he named you as a bendeficiary in t=his will- in which case you inherit now, or he didn't. It cant be both ways. Likewise HIS will cannot dictate what SHE chooses to do after his death
From the link I posted
"We have mentioned above how person A and person B may prepare mirror Wills leaving everything to each other in the first instance and then to the step-child. It is possible that mutual Wills were prepared instead of mirror Wills. A mutual Will is a binding contract between person A and person B whereby they agree that those Wills will not be changed in the future. Mutual Wills are not particularly common but a careful review of the Will itself and corresponding Will file could be a worthwhile exercise."
This is helpful information from Nitram and others. Certainly, specialised legal advice will be required. @Pmb123, you don’t say when your father died, but if you are still going through probate, I assume it can’t have been too long ago. If your stepmother passed away only seven months after your dad, it would appear that she lost no time in changing her will. Could it have been done before your dad died? If so, that might suggest they didn't have mutual wills.
A sad situation. You don’t know what factors may have prompted your stepmother to renege on a legal promise she’d agreed upon with your dad. I wish you luck.
A sad situation. You don’t know what factors may have prompted your stepmother to renege on a legal promise she’d agreed upon with your dad. I wish you luck.
@Pmb123
More about mutual wills
....
It is important to note that surprisingly, the agreement to create mutual Wills need not be specifically stated in the Will and need not even be in writing.
....
....
The claim of the beneficiaries under the 1991 Wills succeeded. The Judge deemed the initial Wills to be mutual Wills and therefore following the first death of Mabel they were irrevocable by Ethel.
....
https://www.clarionsolicitors.com/articles/mutual-wills-explained .
More about mutual wills
....
It is important to note that surprisingly, the agreement to create mutual Wills need not be specifically stated in the Will and need not even be in writing.
....
....
The claim of the beneficiaries under the 1991 Wills succeeded. The Judge deemed the initial Wills to be mutual Wills and therefore following the first death of Mabel they were irrevocable by Ethel.
....
https://www.clarionsolicitors.com/articles/mutual-wills-explained .
It's about mutual wills, read the whole article.
It starts with describing difference between mirror and mutual wills.
Mmm, they may be great in some circumstances, but by leaving all of your estate to your spouse , they may end up paying almost all of it out in fees for care later in life, and family may end up with next to nothing.
My parents have just changed their wills so that they both leave their estates to their family, rather than each other. Dad's in care now anyway paying £45k a year, but the last thing we want is for him to get more money should my mother die before him, and vice versa.
Mirror wills can be the reason some families lose their inheritance which their parents always intended for them to have eventually, completely.
Recent Threads
-
-
-
-
-
-
-
-
Early onset Dementia and Pacemaker replacement. I don’t want to do it.
- Latest: bunnylovevol