Another query on wills

[factor-fiction]

When my grandmother died I had a copy of the will which shared the proceeds (of a small estate) out among a handful of relatives and named me as executor, but it turned out she had made a later valid will which included extra beneficiaries (thereby reducing my share by half).

I often wonder what would have happened if I had acted on the original will, obtained probate and distributed the estate and then someone had produced a copy of the updated will.

In my case it wasn't a problem and the estate was small but I do wonder whether such problems arise and whether some copies of wills mysteriously disappear.

[Barmaid]

If the new Will had been produced, the beneficiaries under the new Will could have reclaimed their share of the estate from beneficiaries of the invalid Will (subject to limitation).

Yes Factor, I know of a number of estates where it is our suspicion that the latest Will has been destroyed. Trouble is proving that is nigh on impossible!!!

[factor-fiction]

Thanks Barmaid. That makes sense.
I can see that reclaiming money could be a very difficult task for the executor. If the new will had a different executor I assume the task of reclaiming it would fall on the new executor.

[moonglow52]

I know of a case where a later will was discovered about a year after the estate was wound up.
Most of the estate had gone abroad and some if the beneficiary's who had been overpaid could not be traced and one of them had passed away and his estate went to yet another country.
The executor was not held liable as he acted in good faith.

Sarah

[factor-fiction]

Thanks Jane, I think in those circumstances the executor had acted in good faith but surely the new beneficiaries still had a case although they would have needed to use litigation and it probably wouldn't be worthwhile

[moonglow52]

Hi factor30

I agree with what you are saying.
If people can not be traced you stand no chance of recovering the money anyway.
Also laws of other countries are involved which may be different to UK laws.
Also beneficiaries may argue they have altered their financial position as a result of the error for example been on an expensive holiday or purchased a house.
The house could be sold but they may claim they spent money on furniture etc which may not be suitable for a smaller house etc.
The complications go on and on.

Sarah

[FredPuli43]

Foreign laws should only be a problem if the property is realty (land, houses etc) situate in that foreign country.Under private international law , in the absence of a will made under the laws of that country to direct its disposal, that property passes under the laws of intestacy in that country. Everything else passes in accordance with the will of the testator, under the law of the country to which the will belongs. Thus if a man dies owning a house and a yacht in France,leaving both to a friend, the friend gets the yacht, but not the house, under the man's sole British will ,but the house goes to the man's widow and/or children as provided for by French law on intestacy. The man would have to have made a French will to dispose of the house.

That's worth remembering if you are in the happy position of owning such a property.

[FredPuli43]

Further to the above: The EU has just announced that EU countries are to allow you to dispose of property in accordance with your wishes and the law of your country, and not be affected by laws of any other EU country. This will be "in force" this year but will not be "in practice" until 2015.

[cathfromsaron]

the earlier will should have been destroyed!

what a fiasco! glad it worked out!

[moonglow52]

Hi FredPauli43

I was told most of the estate went to people in Canada, Australia and Singapore.
These countries are all outside the EU.
I do not know where the people are who were named in the later will and where the money of the deceased beneficiary went to.
Imagine the complications and cost if his estate was distributed to people in 5 more non EU countries.
As factor30 said it may be a case of employing legal advisors in all these countries and it may not be worthwhile.

Sarah