Father's will advice

[Patrick Bateman]

Following on somewhat from this thread- https://www.pistonheads.com/gassing/topic.asp?h=0&...

I've finally managed to find my dad's will but it's dated 2005 (I'd have been 16 at the time) and names my mum as the executor. They divorced in 2008 and he definitely would not have wanted her as the executor after this.

There is no solicitor indicated on the will but it's clearly been prepared by one. Any idea on the first steps to take? Can I be made the executor somehow?

[anonymous-user]

The easiest thing to do is to make another will (I assume that your father is alive). Your father can do this himself, but if the estate is complex get a lawyer to do it.

[Patrick Bateman]

Ah sorry I took it for granted it would be apparent- he died last week, hence not the clearest of situations now.

[anonymous-user]

I am sorry for your loss.


EDIT: I was forgetting stuff: the appointment of the wife as executor did not survive the divorce.

EDIT: that is the position in England and Wales - OP mentions below that this is a Scottish case.

Edited by anonymous-user on Tuesday 15th December 16:23

[Olivergt]

Sorry for your loss.

Is there any indication of who the solicitor was who drew up the will? Or do you have any idea who it might be? Was there a recent house purchase, it might be the same solicitor, Is there a local solicitor, maybe he just went round the corner?

I know these are long shots, but might be worth a try.

Finally, does the executor listed on the one you found know about this?

[V8 Bob]

Any will becomes void if the person subsequently gets divorced. Your father should have been advised of this by his solicitor at the time. Might be worth checking with them if a new will exists. Failing that normal rules would come into play meaning his new wife if he remarried would be primary benefactor then .any siblings. Hope this helps.

[anonymous-user]

V8 Bob said:

Any will becomes void if the person subsequently gets divorced...

This is not correct [EDIT: in England and Wales]. Where did you get that from?


OP, tread carefully, there is much bad pub lawyering on the net!


EDIT: Also lawyers who should be in the pub!

I had forgotten until just now that divorce had the effect of terminating the appointment as executor. Problem solved.

EDIT: that is the position in England and Wales - OP mentions below that this is a Scottish case.

Edited by anonymous-user on Tuesday 15th December 16:20

[anonymous-user]

Breadvan72 said:

OP, tread carefully, there is much bad pub lawyering on the net!

It's comically prevalent, isn't it?

I have a superficial and limited knowledge of one area of law, but it's amazing how much confidence and authority people speak with when they actually have little to no idea what they are talking about.

[anonymous-user]

Look above - I made a mistake (now corrected) and I am a blooming member of the blooming Chancery Bar Association, blooming 'eck.

I am often struck by how confident people are here in getting the law wrong on all sorts of subjects. I would not venture views on medicine or engineering.

[Riley Blue]

V8 Bob said:

Any will becomes void if the person subsequently gets divorced. Your father should have been advised of this by his solicitor at the time. Might be worth checking with them if a new will exists. Failing that normal rules would come into play meaning his new wife if he remarried would be primary benefactor then .any siblings. Hope this helps.

OP is asking about executors so doubtful that's much help.

BTW - you mean 'beneficiary', (one who receives) not 'benefactor' (one who gives).

[anonymous-user]

Riley Blue said:

V8 Bob said:

Any will becomes void if the person subsequently gets divorced. Your father should have been advised of this by his solicitor at the time. Might be worth checking with them if a new will exists. Failing that normal rules would come into play meaning his new wife if he remarried would be primary benefactor then .any siblings. Hope this helps.

OP is asking about executors so doubtful that's much help.

BTW - you mean 'beneficiary', (one who receives) not 'benefactor' (one who gives).

It's also wrong. V8Bob is talking out of his exhaust pipe.

EDIT: that is the position in England and Wales - OP mentions below that this is a Scottish case.

Edited by anonymous-user on Tuesday 15th December 16:21

[Patrick Bateman]

Breadvan72 said:

This is not correct. Where did you get that from?


OP, tread carefully, there is much bad pub lawyering on the net!


EDIT: Also lawyers who should be in the pub!

I had forgotten until just now that divorce had the effect of terminating the appointment as executor. Problem solved.

Edited by Breadvan72 on Tuesday 15th December 15:21

Cheers for that.

I had phoned my mum and she had reckoned the same but wasn't sure.

Given it's his latest will as far as I'm aware, assuming it'll still be one to go through a solicitor's now to get an executor appointed?

[anonymous-user]

Make an application to the Probate Registry for a Grant of Letters of Administration, The order of priority is:

Surviving spouse or civil partner
Sons or daughters
Parents
Brothers and sisters
More distant relatives

https://www.co-oplegalservices.co.uk/media-centre/...

[Patrick Bateman]

I'm in Scotland so the process looks to be a bit different going by that.

It is important to know that the Probate process is different depending on where you are in the UK. England and Wales have the same rules but Scotland and Northern Ireland have different processes and procedures. For example, in Scotland you may hear reference to a Confirmation process. If your relative died in Scotland or Northern Ireland, it would be advisable to speak to a Solicitor who can help you follow the correct process in that country.

[anonymous-user]

OK, do not rely on what I have said above as I am not a Scots lawyer. I suggest that you consult one and not a car forum!



https://advisingfamilies.org/uk/information-portal...

Edited by anonymous-user on Tuesday 15th December 16:22

[anonymous-user]

catweasle said:

Make an application to the Probate Registry for a Grant of Letters of Administration, The order of priority is:

Surviving spouse or civil partner
Sons or daughters
Parents
Brothers and sisters
More distant relatives

https://www.co-oplegalservices.co.uk/media-centre/...

There is still a Will. In English law, the testator is only treated as if intestate vis a vis the ex wife, not vs a vis any other beneficiaries. Scots law: dunno.

[TwigtheWonderkid]

La Liga said:

Breadvan72 said:

OP, tread carefully, there is much bad pub lawyering on the net!

It's comically prevalent, isn't it?

I have a superficial and limited knowledge of one area of law, but it's amazing how much confidence and authority people speak with when they actually have little to no idea what they are talking about.

You do know it's actually illegal to say that on the internet?

[anonymous-user]

STEP (the Society of Trusts and Estate Practitioners) is an authoritative source, and says this -


Changes to Scots Law

Under Scots Law prior to November 2016, a divorce had no impact on a will, but recognition of the change in families and relationships has resulted in recent changes to modernise Scots Law and bring it more in line with other parts of the UK. Now, like the rest of the UK, an ex-spouse or civil partner is treated as though they have died before the granter of the will. In other words, the will is not automatically revoked but instead it is read as it stands, but ‘missing out’ the former spouse or civil partner.

[anonymous-user]

Breadvan72 said:

catweasle said:

Make an application to the Probate Registry for a Grant of Letters of Administration, The order of priority is:

Surviving spouse or civil partner
Sons or daughters
Parents
Brothers and sisters
More distant relatives

https://www.co-oplegalservices.co.uk/media-centre/...

There is still a Will. In English law, the testator is only treated as if intestate vis a vis the ex wife, not vs a vis any other beneficiaries. Scots law: dunno.

My mistake I was under the impression that while the Will does remain valid, the ex-spouse would no longer be able to benefit from it unless it has been expressly stated otherwise and they could no longer be allowed to act as an Executor or Trustee of the Estate..........complicated this Probate stuff..................Scottish Law even more so I would think.

[IJWS15]

OP - In case this is cross border - it won't be where you are that determnines which law applies but (check this with a solicitor) where your father resided.