A family will

[puternut]

My wifes mother (MIL) passed away late last year and has left basically a will of money and a few shares. She did not own the house she lived in so the estate is relatively small.

On the day of the funeral all the living blood relatives were called into a room and were given the following info by the youngest daughter (YD) - who owns the house mentioned above.

The will she made some years ago was lodged with the solicitors who drew it up. However they have since moved from the area and so returned it to her at that time. However the daughter did not read from this but from a letter written later. This was far as I know NOT witnessed.

This letter apprently said all the cash was to go to YD as she (MIL) had lived with her for a number of years. This was not totally rent free as MIL paid certain utility bills and other expenses too. The remainder of the estate (shares) were to be split by other children. Some jewelry had been labelled by her and was distributed then.

My question is do you consider it worth contesting this 'will' - I don't consider it a legal will. Are there likely to be prohibitve costs?

Another point is , as far as I can tell, it would appear that none of the blood relatives, whilst not happy, don't want to rock the boat despite feeling aggreived

[buildersmate]

It isn't a will - its a letter.
Does anyone have a copy of the original 'will' that was lodged with the solicitors? - otherwise she died intestate and the intestacy rules apply - on a small estate the residue is divided equally between all children - not just the one who happens to possess a random letter purportedly written by the deceased.

[woofgang]

If there is no other witnessed will then any existing properly made will is "the one" and cannot be revoked by a letter. All estates, no matter how small must be registered for probate and the grant made. So far as I know, there are no exceptions a lthough small estates are less complex.
So was the estate registered for probate? Was there a will produced or was the intestacy procedure followed?
Not getting a grant of probate is essentially the same as not declaring income to the taxman, regardless of whether or not tax is due and hmrc take a dimmish view. Be aware though that if there was no will ie the one you knew about had been destroyed, then your wife might get less under intestacy law......

[cassa333]

Was the money she got worth the hassle of contesting?
Did mil live with sister as part of the family? Did she need care of some sort that sister gave?

How often did the 'agrieved family members visit her?

Do you think that your wifes sister coersed her into writing the letter/new will?

[dzug2]

Not every estate has to go through probate - there is a lower limit where it doesn't apply

I can foresee problems with transferring the shares though - Share Registrars tend to insist on probate. And if the bank account is above the limit (set by that bank) then Probate will be needed. YD may find this out when she actually comes to do things rather than just announcing her intentions.

[dotty.]

who wrote the letter? If the deceased wrote the 'letter' as a codicile to the earlier will it is only valid if registered at the district probate office along with the original witnessed will, the codicil, if that is what it was intended to be, is only a coidicil if that was also witnessed and signed by all parties to it's adding to the will,

[woofgang]

yes but you still have to get an agreement from HMRC that probate is not necessary, you can't just decide not to do it.

[woofgang]

http://www.hmrc.gov.u...ind-right-forms.htm#2

excepted estates