Will query

Macca19

Cheers guys, just gotta let this one play out and hope for her that all comes good.

Macca

Mojisola

margaretclare wrote: »

I was told by a solicitor that if you want to leave someone out of a will (a relative) the way to do it is to leave a small sum - a very small sum will do - and/or explain why. That way, no one has any grounds for challenging the will. Especially as sister was not being supported by the deceased man.

Errata wrote: »

It's rather more specific than 'a relative'. I know someone with so many relatives it would take half a dozen A4 sheets to list them all.

You don't have to list everyone who isn't a beneficiary but it is useful if there is someone who might expect something, especially if a letter kept with the will explains your decision.

madbadrob

This could be down to the children of the sister and not the sister at all. I really wouldn't worry too much I cant see this going anywhere. The only possibility I can see is that they argue the will company didnt draw the will up correctly and if that is the case then you would have a claim for your MIL's share from the Will finding company

Rob

Macca19

Sadly you may be right about the influence. I guess greed does funny things to folk eh?

Gonna speak to a solicitor tomorrow and get a professional's view. I know my mother in law can lodge a warning to the caveat but would want her to take advice before opting for that. This is hard enough without the agro that comes with cash hungry relatives.

I did read that if it goes to court then the judge will take the view "i consider the will to be valid, now you prove to me that it isn't"

Time will tell.

Macca

Macca19

Having spoken with a solicitor and an officer at the probate registry, my mother in law is opting to allow a period of time, say some 6 weeks from when the caveat was lodged, before considering the option of issuing a warning via the solicitor and through the probate system. Given that the purpose of issuing the caveat to begin with is to create breathing space it would be wrong not to allow that.

So we'll see what happens over the coming weeks.

Macca

Errata

It isn't " say some six weeks", it is six weeks.

Macca19

Hi, i'm not sure if you're confusing this with the period of time that a caveat can remain in force for before being renewed. That period is 6 months.

What i'm talking about here is a period of time that my mother in law chooses to wait until she considers issuing a warning as she is able to through the probate system. That period of time can be whatever she chooses, but what i'm saying is she's opting to allow reasonable breathing space i.e say 6 weeks from when the caveat was lodged, as in that time the caveator's solicitor should have had ample time to investigate the validity of the deceased's will, and will hopefully conclude it is valid.

Macca

NAR

I would have thought 6 weeks ample time before MIL issues her warning on caveat. We all know how notoriously slow some solicitors can be.

Macca19

Yeah, we've tried to look at this from the deceased's relations perspective. If we were in the same position then we would appreciate a reasonable amount of time to make investigations and check the validity of the deceased's will.

Plus from my mother in law's point of view whilst its important that her long term partner's wishes are respected and instructions carried out, the more pressing issue is dealing with bereavement and coming to terms with losing her partner

Macca.

Macca19

Well some good news at least during a difficult time. We corresponded with the company that drafted the deceased's will, and asked a number of pertinent questions to ascertain the validity of the will.

My mother in law had a call from the company today to tell her that the will is valid and that the deceased's sister has no entitlement to his estate beyond what he wanted her to have.

So that information will also have gone to the sisters solicitor, hopefully it will lead to the caveat being lifted as above all else it would be good for all concerned to be able to move forward amicably.