help! contentious probate problem

Bossyboots

The 50/50 split on divorce is only a starting point and there is absolutely nothing to say he would have achieved that percentage as a divorce settlement.

I really cannot see that his case has any merit either and I agree this is a try on for more in the hope of it being settled out of court.

prudryden

jasmine wrote:

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..[/quote

Remember, you are the defendant in this case. All the proof lies with the plantive. He needs to challenge the validity of the will. Just because he doesn't think the distribution is fair is NOT a valid reason and will be thrown out. YOU HAVE THE WILL. That, for the moment is all you need. A probate lawyer shouldn't cost as much as you were quoted (£180/hr is London City rates for a partner of a smallish firm). But this can be claimed back from the plantive if he loses, especially if the judge rules that it is a frivolous or vindictive case.
If he starts bringing in medical doctors, psychiatrist etc. that will testify that your grandaunt was incompetent on the very day, hour, minute she signed the will - then you have a real case to contend with.
I am very surprised that someone who is 81 yrs. old is taking this action, unless it is vindictive. It can be very messy and stressful for him, as he has to try and prove his case.