Invalid Will and Probate Questions

daska

peonybell wrote: »

Yes, Jackomdj, that's exactly it. Have very good reason to believe she was intimidated/bullied into making this will. I don't think it was criminal in the legal sense but pressure was definitely put on and was enough to frighten her into doing it. Would be very hard to prove in court and that's why I was wondering if the error in the name might invalidate the will. I think giving the wrong name might have been a desperate attempt to show this was not what she really wanted.

Is there any way of substantiating an accusation of undue influence?

Take a look at this thread, it might give you hope.

peonybell

Thanks for replies everyone. Am trying to post more info but website keeps logging me out after a few minutes so may have to do it it short posts so please bear with me. peony

peonybell

Thorsoak: the will just gives the incorrect name, no 'generally known as' or anything like it.

peonybell

Bryanb: the will was witnessed by the will writer who drew it up and his wife.

peonybell

Daska: I'm absolutely certain there was undue influence. I was very close to the deceased, had daily contact, looked after her affairs generally etc etc. A few years ago her behaviour changed suddenly and very dramatically. She suddenly became agitated, anxious, cried easily and started, almost on a daily basis, telling us all how much she loved us, how she could never repay us for all we'd one for her and, despite assurances we loved her and would never desert her, panicking that she'd offended us somehow and would never see us again. She became so pathetically grateful for the slightest little thing it was heartbreaking. I know this probably sounds sweet and touching but in reality it was a little bit disturbing as there was something desperate about it all and this was from someone who'd always been very reserved and undemonstrative. She didn't exactly take what we did for granted but it was always happily given and accepted and understood on both sides there was no need for effusive thanks if you see what I mean. This behaviour continued til she died. to be continued...

peonybell

Seem to be posting OK now so will continue:

It's now apparent that this out of character behaviour started at about the time the sole beneficiary took her, without the knowledge of the rest of the family, to a will writer and then kept that will secret until her death. This person then refused to let the rest of the family see the will nor let us know which solicitor was handling it until probate had been granted.

I think it's significant she was taken to a will writer and not her solicitor who she'd used in the past and held a copy of her existing will. I should point out I was an executor of that earlier will and was fully consulted about it, as I was to a minor change she made to it at a later date. So, to go back to Daska's point - I don't know how I could substantiate all this enough to satisfy a court - she was very reclusive and I think the only witnesses were other family members.

bryanb

peonybell wrote: »

Bryanb: the will was witnessed by the will writer who drew it up and his wife.

My solicitor would not witness my will when she drew it up. Probably it is legal, but perhaps unethical. I'd check this point with any association the will writer belongs to.

peonybell

Yes I thought that too Bryan. Tomorrow I'm going to try and get an appointment to see a solicitor - thought I would go to the one who holds the original will; will at least call him, but time is of the essence. I don't know if it's too late challenge anything once an estate is distributed which the solicitor handling the will intends to do if we don't produce evidence in the next 10 days.

peonybell

Have just carefully read through the thread Daska recommends in post 12. Thanks so much for that Daska, it has given me a bit of hope and a lot of information. Couple of things I picked up on it and hope you can all give some advice.

Firstly, I understand you have 6 months after probate is granted to contest it but what happens if the estate is already distributed as the solicitor in this case is threatening to do? (not sure when probate was granted but it can't have been more than a few weeks ago).

Secondly, where would I find a solicitor 'specialising in contentious probate' as suggested by Pookie...... (sorry I didn't make a note of your name and can only remember it started with 'Pookie'.

Reading that thread I have to say I found it heartwarming how the people on this forum advised and supported far2812 some of whom have advised me on this thread. Many thanks to you all.

thorsoak

If you look here :- http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

It should be a good starting point.