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  • Sorry to hear that - so sending you good luck and strength to cope with the next stage.

    He's obviously a very determined vexatious litigant!
  • freda11
    freda11 Posts: 236 Forumite
    In the solicitors letter to us, she pens of by saying if they cannot particularise the reason for contesting the will then she will make an application for summons before a district judge.

    Will this be to strike it out, or does this mean we are taking him to court?
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Freda I hate to say told you so but I did say this is what would happen. Yes it means you are taking him to court. He will have to then argue in front of the judge why he feels the will is invalid etc and the judge will then make a ruling. He could rule that the will is valid but under a point of law the son should get something, he could rule the will is valid and son gets nothing or he could rule will invalid then it becomes intestate and the son plus siblings if he had any share the estate

    Rob
  • rpc
    rpc Posts: 2,353 Forumite
    madbadrob wrote: »
    he could rule will invalid then it becomes intestate and the son plus siblings if he had any share the estate

    OP has said that there is a previous will. In this case, surely the earlier will would be restored as the primary document (assuming it can be found).
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Yes that could be the case as well

    Rob
  • freda11
    freda11 Posts: 236 Forumite
    OMG! He has agreed to remove the caveat. No grounds that the will is invalid. So he is going to go down the inheritance route!
  • madbadrob
    madbadrob Posts: 1,490 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Freda,

    That is great news and sounds like his solicitor has told him he had no chance of winning. Congrats and now you can all move on

    Rob
  • NAR
    NAR Posts: 4,864 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Have watched this with great interest. So pleased with the outcome Freda :j :j
  • freda11
    freda11 Posts: 236 Forumite
    Thanks folks. Still got the inheritance act though, solicitor doesn't think he has much chance of succeeding, but will keep you posted.
  • poet123
    poet123 Posts: 24,099 Forumite
    Keep strong and fight on.
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