Is This Will Legal

[sapelesam]

When a fundamental mistake or untruth is in a will, is the will legal? My wife is estranged from her family.When her mother died, father predeceased her, her will stated, in my words, the residue of my estate to be divided between my two children. She actually had three children who are still living. Is this will still valid.

[fiction-factory]

Unless the two children are named in the will I would think the three would be best advised to persuade the executors to share it equally between all three. The alternative may be to rack up legal fees. It'll be interesting to see barmaid's answer

[sapelesam]

Apologies Fiction, I meant to say she named the two excluding my wife. In trying for brevity I missed essentials.

[fiction-factory]

I think we'd need to know the exact wording. If she said "my only two children, X and Y" then that could be challenged by Z I suppose, but if she said "between X and Y" then that is different. I assume your wife wasnot dependent financially on her

[sapelesam]

Cheers FF, non of the three were dependent upon their mother. My wife wouldn't want her money, even though it would be a considerable amount. I just don't know how somebody can lie in a will. I have never shown the will to my wife.

[pixie374]

It doesn't sound like a lie, Sam. I could say "my two children, x and y..." it doesn't mean I don't have others.

[bhg481]

If the will stated "The residue of my estate to be divided between my two children Gladys and Gertrude", there is no lie, even if there were three children. She can't just write "The residue of my estate to be divided between Gladys and Gertrude" because they could be anybody. She is just specifying which of her daughters should get the residue. You will need to tell us the exact wording of the will, not just your paraphrase, to be given an accurate answer.

[sapelesam]

Thanks for the help, I need to check the wording.

[Barmaid]

BHG is quite correct.

As a general principle telling an untruth in a Will will not invalidate it as long as such untruth was not brought about by insane delusions, fraudulent calumny or undue influence.

[sapelesam]

Thanks Barmaid, when I read the will, I thought it implied that there were only two offspring. I will dig it out for a read through.