More legal costs

gratefulforhelp_2

GobbledyGook wrote: »

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.

There is no legal reason why the executor's solicitor cannot accept a sworn affidavit to that effect, your solicitor will have to get arsy with them. I think you're right, the executor is being a right wotsit.

Complaint to the law society??

As if you didn't have enough to worry about...how is mad mil??

RAS

Surely this now borders on harassment if the executor knows that they were forbidden contact when the OP was a child and that the OP does not want contact now?

GG, I feel for you; my father threatened when I was waiting for my A level results to take me to court to find out which university I attended, because he was not allowed contact by the courts prior to my 18th birthday.

I advised his solicitor (through ours) that if he tried that, I would simply not attend university.

thorsoak

Gobbledy gook - I think that the time is coming when your solicitor is going to have to consult a barrister:( It may be that there is an archaic ruling somewhere out there in the legal world that would help, one way or another - but what a horrible situation to be in.

Sending {{hugs}}

GobbledyGook

Mojisola wrote: »

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.

It certainly feels that way.

gratefulforhelp wrote: »

There is no legal reason why the executor's solicitor cannot accept a sworn affidavit to that effect, your solicitor will have to get arsy with them. I think you're right, the executor is being a right wotsit.

Complaint to the law society??

As if you didn't have enough to worry about...how is mad mil??

A wotsit of the highest order.

She's "progressing" according to the hospital place she is in. TBH, and I know it sounds heartless, but I don't ask. I don't really want to know.



It would have been very simple if it was just me in the will. The fact that it is the children is what is complicating it. There is no order preventing contact with my children because I was just a child myself. It's all about technicalities with long and complicated names that I don't understand.

GobbledyGook

Sorry where are my manners. Thank you everyone. I really appreciate the help and support.

RAS

GobbledyGook wrote: »

It would have been very simple if it was just me in the will. The fact that it is the children is what is complicating it. There is no order preventing contact with my children because I was just a child myself. It's all about technicalities with long and complicated names that I don't understand.

it is just mad reallty, is it not.

Is there any chance they can trace you as the beneficiary of your nan's will?

carefullycautious

Have you thought about approaching a judge and discussing your story with him/her. THe judge may be able to work on your behalf to allow you the inheritance for yourself and your children without the executor knowing of your personal details.

Savvy_Sue

If Social Services were involved with you as a child, would they be of any help now? ie this person was a danger to you, they would be a danger to your children, therefore the children's details cannot be passed on.

Rach39

I am dealing with somethin a bit similar believe it or not!! Background is different but basically we got round it by Solicitor (in your case, your solicitor) being appointed as Attorney and Trustee for the children - ie responsible for the money until they reach 21 and able to sign all documentation and receive funds on their behalf. Solicitor should swear Power of Attorney and annex this to a sworn affidavit stating that for all intents and purposes any correspondence / payment of inheritance etc goes to him at his offices. DO NOT BELIEVE WHAT YOU HEAR the other solicitor DOES NOT need birth certificates if your solicitor has seen them and swears an affidavit which states this. That is the whole point of an affidavit - to state something which is accepted unequivicably as the truth. Good luck x

gratefulforhelp_2

G I have asked DH (used to be a solicitor) who says...

send the executor's solicitor the birth certs and the death certs if you have them with a covering letter(from your solicitor) saying the reasons you do not wish the executor to see them (the history) and insisting they do not let him/her have sight of them. He says the executor solicitors risk being struck off if they help someone to breach the terms of an injuction (which I presume it was?) and they won't do that.

He says the risk you take is minimal and points out that there are a million other ways to track you down if he is so determined. HTH. x