More legal costs

GobbledyGook

So the will saga rumbles on and on.

I can turn down the inheritance for me, but not for my children. I have to give the solicitor dealing with the estate their birth certificates (to prove they exist), but he can't or won't guarantee me that they won't be give to the executor.

The executor is someone who was not allowed to make or attempt to make any contact with me when I was younger. My legal eagle is trying to work out if there is some way around this because I fear for my safety, and that of my children, if this information falls into the hands of this family, but it seems like the executor is allowed all of the information as it's his job to carry out the wishes of the will.


Also they have tried to contact my brother. He died quite a long time ago. This solicitor is now insisting to mine that I must provide them with the death certificate - surely it's up to them to go and get a copy for themselves? They are the ones trying to find him.

Watching 'New Life Down Under' and if it wasn't for the fact I would never rip my children away from their father and uncle I'd be trying for a move far, far away from all of this.

It's crazy. The legal folks say they've never dealt with something like this before. They are now trying to find out if the person wrote the will when they weren't allowed to attempt contact with me to see if that could make that particular clause invalid or something.

I don't know what is going to happen. All I know is that I'd be better off training as some sort of legal person the way my life has gone recently. It's so expensive! I just thought I should update all the kind people who helped me when I was panicking before.

It's like a rollercoaster atm and I'd quite like to get off. This is all on top of the fact that I hate my new job. I wish I'd stuck with my old post. It's all paperwork and petty politics now

jackieglasgow

Have a great big dodgy hug. :grouphug: xxx

gratefulforhelp_2

Unfortunately, the solicitor for the executor will not help you as s/he is acting for them, and you will need to rely on your own person to help you out.

Of course you can turn down the inheritance for your children, as if you do not produce birth certificates, the solicitor has said you/they will not receive the money.

Apricot

:grouphug: I don't know the background to the story but it sounds like an awful situation. I hope it can be resolved soon without too much distress being caused to you and your children.

silvercar

The executor is someone who was not allowed to make or attempt to make any contact with me when I was younger. My legal eagle is trying to work out if there is some way around this because I fear for my safety, and that of my children, if this information falls into the hands of this family, but it seems like the executor is allowed all of the information as it's his job to carry out the wishes of the will.

The legal question is whether the executor can make contact NOW. If he is allowed to do so under the law then he has a legal obligation to follow the instructions in the will. If there is a legal reason why he is still barred from contact, then he would need to step aside from being executor of the will.

I don't see why a third party (your solicitor?) can't act under your authority and deal with this and protect you at the same time. No reason why your solicitor can provide the executor with a legal statement that you have XX number of children and all inheritance entitlement should be passed to the solicitor's client account for him to pass on.

shell_girl

No legal training here whatsoever, so this may be a very stupid suggestion...

Is there any way that the birth certificates could be copied with the information that could allow anyone to track your family blacked out? ie- leave the info that the person concerned possibly already knows- your DOB and first name, but not the area where the kids were born or their surnames?

Don't know if it could be done, but it would be a way of providing enough info to prove the children exist and that they were born to you, without showing this person any new/useful info.

It was good enough for the government during the first wave of expenses scandals!!

Sorry if this is a useless suggestion, but I remember your previous thread and I really feel for you.

GobbledyGook

gratefulforhelp wrote: »

Unfortunately, the solicitor for the executor will not help you as s/he is acting for them, and you will need to rely on your own person to help you out.

Of course you can turn down the inheritance for your children, as if you do not produce birth certificates, the solicitor has said you/they will not receive the money.

No, the solicitor acting for the executor will keep searching for the information. A friend of a friend of a friend type person told a relation when I was pregnant with my first child so they know there is at least 1 child out there and will keep searching until they find.


I want to find a way that they can do what they have to do, but without getting full information on the children and I. As my children were home births handing over their birth certificates will give out both my name details now AND our address.

Legal people are trying to find out if they are allowed to contact me as it appears this is the big one. If they are not then they will have to allow my solicitor to act on our behalf without giving them any details about us at all.

Silvercar - the solicitor (I believe the executor) is demanding proof of any children. They now I have 1 because of someone's babbling years ago, but they won't just accept the solicitor's word of children.

TonyMMM

Don't forget that birth certificates are public records - anyone can get anyone else's from the records office ....£9.25 a copy.

gratefulforhelp_2

silvercar wrote: »

I don't see why a third party (your solicitor?) can't act under your authority and deal with this and protect you at the same time. No reason why your solicitor can provide the executor with a legal statement that you have XX number of children and all inheritance entitlement should be passed to the solicitor's client account for him to pass on.

Nor do I...must be horrible for you though.

GobbledyGook

TonyMMM wrote: »

Don't forget that birth certificates are public records - anyone can get anyone else's from the records office ....£9.25 a copy.

I know, only name changes have stopped them being able to do so so far. That likely won't hold forever (although it's slightly reassuring to know it's taken them a long time to even get this far).


gratefulforhelp - they won't accept that. They want proof of my children. They won't accept my solicitor seeing the proof and telling them that I have X children. They want the proof (basically the birth certificates) sent to them.

Basically I think the executor is insisting on it because he's a (great big sweary word that would get me banned) !

I'm just praying that the sols have dredged the legal books and can tell me next week that there is a way round it and/or that the contact restriction still stands.

Mojisola

GobbledyGook wrote: »

They want proof of my children. They won't accept my solicitor seeing the proof and telling them that I have X children. They want the proof (basically the birth certificates) sent to them.

I'm just praying that the sols have dredged the legal books and can tell me next week that there is a way round it and/or that the contact restriction still stands.

I really feel for you. This is an awful situation.

I'm sure solicitors do see original paperwork and then confirm the existence of it to other solicitors.

It does sound as if the will is being used as a weapon against you.