An obvious initial question, looking at the conflicts, is …did the testator have capacity to make the new will? What are the terms of the US will and are they relevant?
Why was the 2007 (UK) Will not examined when making the new will to avoid said conflicts arising. Seems like possible negligent will drafting.
There appears to be a conflict between the two wills re the dispositions hence possibly a capacity issue or a negligence issue. The will leaves the US property to son absolutely, but if the State forced heirship rules apply, then the wife who lives in the property (?) will inherit a third (?) and the son cannot take title absolutely.
The court’s statutory power to rectify a will where it fails to carry out the testator’s intentions due to a clerical error or a failure of the will writer to understand the testator’s wishes may be a solution.
Other than these initial surface thoughts I await the comments of those who may take a more in depth view.
Andre Davidson
Finantium