Probate/intestacy stalemate query

posttokev

rpc wrote: »

Because she knew there was a copy and thought that would be sufficient?

Because she didn't realise it had been stolen at the time?

There are plenty of answers that both help and hinder you (to all questions, not just his one). If this went to court, I really wouldn't want to guess which way it would go.

I know. If we didn't sound like we'd have a fighting chance, it would be much easier to just walk away. What's being put to us is that she did know that the original had been stolen but thought the copy would do. We believe otherwise but proving that's another story.

posttokev

securityguy wrote: »

Because she intended to get a fresh copy but didn't quite get around to it, and then forgot?

This wouldn't tally as, according to the witness statements my uncle collected, she was constantly talking to all and sundry about her will and her wishes for the estate. She was, supposedly, obsessed with this matter.

(This is actually quite a good example of where my uncle's lies contradict him and bring his claims into question. There are a good few examples of this. We feel that, once disclosure's been made and we finally get all the information that's been withheld, his story will unravel.)

RAS

posttokev wrote: »

Can press for a "Deed of Variation".

I think that this has to be agreed within 2 years of the death? Check that out.

securityguy

posttokev wrote: »

This wouldn't tally as, according to the witness statements my uncle collected, she was constantly talking to all and sundry about her will and her wishes for the estate. She was, supposedly, obsessed with this matter.

Lots of elderly people do that. What they don't do is then draw up effective wills. The elderly relative who told all and sundry about what they wanted, and then died intestate or with an unclear or obsolescent will is hardly rare.

If you accept the basic premise - that your uncle is up to no good - that you can construct reasons why all these facts slot into that framework. However, they can also support any number of other possibilities, many of them benign.

posttokev

securityguy wrote: »

Lots of elderly people do that. What they don't do is then draw up effective wills. The elderly relative who told all and sundry about what they wanted, and then died intestate or with an unclear or obsolescent will is hardly rare.

If you accept the basic premise - that your uncle is up to no good - that you can construct reasons why all these facts slot into that framework. However, they can also support any number of other possibilities, many of them benign.

She never did that though, and when you go through the list of witnesses, it includes people she didn't even like with whom she'd never share that kind of information. At the end of the day, he has to maintain numerous untruths, many of which contradict his assertions, whereas all my mother has to do is keep telling the truth. As naive as it sounds, hopefully that will be enough.

madbadrob

posttokev wrote: »

She never did that though, and when you go through the list of witnesses, it includes people she didn't even like with whom she'd never share that kind of information. At the end of the day, he has to maintain numerous untruths, many of which contradict his assertions, whereas all my mother has to do is keep telling the truth. As naive as it sounds, hopefully that will be enough.

Not wanting to argue with you over this but why could she of not changed her opinion of people? I think this is something now you are going to have to rely on the courts sorting out if your uncle hasnt spent all the estate before this happens.

rob

posttokev

madbadrob wrote: »

Not wanting to argue with you over this but why could she of not changed her opinion of people? I think this is something now you are going to have to rely on the courts sorting out if your uncle hasnt spent all the estate before this happens.

rob

Absolutely possible, but knowing her as we did, she had very entranched views on people so it's unlikely, especially in such a short timeframe. I'm sure my uncle's spending like there's no tomorrow. Luckily, there are aspects of the estate he doesn't think anyone's aware of and we don't expect him to declare them, so we'll be pointing out the disparity when it comes to it.

posttokev

A quick update on this. My mother's solicitor's just been in touch with her after communication from the other side. The testimony he's putting forward seems to be everything we knew about already.

I haven't seen the documentation yet but my mother says that in one part of it, he claims he "knows" the will was stolen in the robbery whilst in another this is downgraded to his just "believing" this is what happened.

Also, despite yet another request, no files notes/will notes (whatever the correct term is) have been forthcoming from his solicitors.

Mrs_Supersaver_1

Has your mother checked her house insurance policy if she has one, just to make sure if she could ?perhaps get some legal representation to help you fight this case?
Good luck

posttokev

Quick query on file notes if anyone can help, please...

Am I right in thinking that, once my mother has responded to her brother's issuing of proceedings (to say that she is prepared to go to court over this and will be filing a defence), this is the point at which his solicitors are now compelled to release all the file notes they've been refusing to disclose thus far?