help! contentious probate problem

Bossyboots

So if I understand this correctly, widower gets house and savings.

Sister gets half business. You and your brother get other half.

I am very surprised that the widower has been advised to bring a claim in these circumstances, unless the value of the business is considerably more than the house and savings value.

jasmine

The sister gets the deceased share of the business; they were joint partners already. My brother and I get whatever is left of the estate.
The business element includes land property and all business assets, around £350k in total

Xbigman

I'm surprised too. I read the start of the thread with some sympathy as a widower getting a raw deal is not nice, however, a house and 100k at 81 seems like plenty to live on to me.

Maybe I shouldn't be surprized though. I've seen a lot of greed over wills as well as two punch ups at separate funerals. Human nature at is worst I guess.

If I was the OP I'd agree to the business being split as in the will and get the existing solicitor to act for me. It costs less that way and the argument is over an assett I would not get a part of anyway.
Regards



X

prudryden

Did I understand this right?

This is your grandaunt (great-aunt as you call her), which would be the sister of your grandfather or grandmother who died. She had a business with your other grandaunt. The deceased grandaunt was not married but had a partner with whom she was co-habited.

There are only four named beneficiaries, none of whom are direct descendants of your grandaunt. I assume she had no children of her own.

The solicitor, who is also the executor named in the will, and who also wrote the will is representing your grandaunt's co-habiting partner in a will challenge. So the solicitor is challenging his own will?

Am I missing something?

prudryden

Has anyone mentioned that they are trying to invalidate the will and, therefore, make a ruling that your grandaunt died intestate?

prudryden

Sorry, got it now. The two solictors are different - the one you have is the solicitor who drew up the will. Very important man.

silvercar

so, is the deceased's partner claiming they should have ore of the residue to balance upto the business partner's share or are they saying they should have some of the business partner's share in order to reduce that and if the latter would you get less?

jasmine

The contestor is saying he would have got half of everything she owned (including her business assets) if they had divorced..therefore the amount he's been left is not enough....to be honest the thought of a high court hearing; extremely expensive barristers fills me with dread..my g-aunt always told me she'd remember me in her will; knowing my luck I'll end up with a massive solicitor bill and they'll be nothing left in the estate !!:rolleyes:
His claim is against the estate as a whole and I've been told I could end up with nothing...he wants 160 k to settle out of court..

prudryden

They (whoever else is behind this 81 yr old) is hoping for a settlement. Offer £5000. His case has no merit. They didn't divorce. Your grandaunt left a will stating her wishes. This will can not be declared invalid easily and doubtfully at all.

jasmine

Thanks for the replies, they were married by the way for 20 years; a second marriage for him and a first for my g-aunt.They had no children..I've now been informed by my brother that his solicitors have written asking for my personal details..no doubt i'll have to provide bank statements etc to prove how much I live on..(i'm more likey to be found reading debt-free wanabee)
I'll pick the letter up tomorrow and let you know..