Invalid Will and Probate Questions

daska

Who else would have noticed the change in behaviour and are they potential beneficiaries? Was the existing will still held by the solicitor, was she in sound enough mind to have remembered which solicitor etc?

This firm UK Contested Probate advertise a free helpline, I don't know anything about them so please don't view this as a recommendation. Personally I'd talk to the original solicitor and ask him to recommend a specialist who could give some free initial advice. Or look here at the LAW SOCIETY website and find a specialist.



Sorry Thorsoak, didn't look at page 2 before posting

tandraig

Ive been thinking about this - if the latest will was signed with a name which was never used either legally or informally - then there are certainly grounds for declaring the will invalid. but you really need to get moving - there is a very short time limit on challenging a will. but it can certainly be done. let the probate office know you are challenging it and the executors/and their solicitors. this should put matters on hold. but then you have to produce your evidence. your solicitor should advise you on this, but i think that producing birth and death certificates and if applicable marraige certificates and of course a copy of previous will - should prove that the person NEVER used that name. hopefully this show coercion.

peonybell

Quick update. Have appt at the solictors who drew up the original will this afternoon. Just happens that they have a specialist in contentious probate who I'm seeing. Will let you know how it goes.

peonybell

Saw solicitor yesterday. As the signature on the will was genuine the fact that the name is incorrect will not invalidate it. Also undue pressure has to be proved by independent witnesses eg doctor etc. As she was a virtual recluse and avoided contact with outsiders, especially health professionals, it's only close family who were witnesses and as they would be potential beneficiaries their statements would count for very little. Solicitor advised that without proof I'd be on a hiding to nothing. To be honest I felt a sense of relief on hearing this as it's all been so emotionally traumatic I really wondered if I could face a court case although for the sake of justice felt I had to take things as far as I could. Have decided that the only course of action is to leave the whole dreadful experience in the past and move on, albeit sadder and perhaps wiser. I do want to say a big thank you to all you guys on here for your advice, it really was a help and gave me emotional support as well. Thanks again. Peony

thorsoak

peonybell wrote: »

, it's only close family who were witnesses and as they would be potential beneficiaries their statements would count for very little.

A signatory witness cannot be a beneficiary to a will - check it out a bit more!

sarjuk

I would not give up just yet. This is very suspicious and warrants further investigations. Yes, there may ultimately be insufficient evidence and litigation is expensive, but appropriate enquiries may thow up something that could result in enough doubt for a deal to be done without the need for Court action. Spending a little time and money now could do the trick (and hopefully justice).

You might want to ask your solicitor to do the following :

1. Write to the executors / their solicitors that enquiries are being made about the validity of the Will. If they distrbute in the meantime then they risk a claim to recover the money therefore their undertaking not to distribute should be sought.

2. Write a Larke v Nugus letter to the will writer.

3. Invite the executors to jointly apply for the deceased's medical records (she may have been on medication or suffering from an illness that impacted upon her capacity to understand the will).


The sort of questions to be asked of the will writer in the Larke v Nugus letter are :

1. How long had they known the deceased.
2. Who intorduced them to her.
3. Did they see ID to confirm that the person signing the will was the deceased.
4. How were instructions taken (in person or by letter)
5. Was anyone else present at the time? Did they see the deceased alone at any time?
6. Were previous wills discussed and any departure from those?
7. Who did the deceased indicate were her family or might expect to be named in the will.
8. what steps were taken to explain the provisions of the will to the deceased.
9. Did the deceased appear to understand or was she confused in any fashion.
10. Do they have an explanation for the incorrect name.


Hope that helps. As I say I would make some more enquiries before giving up on this.