Is this will valid ?

rpc · 20 August 2013 at 11:56AM

little_miss_muppet_face wrote: »

we will just have to accept whatever way it goes

That's a bit passive. As children of the deceased, you are first in line to take up the role of executor of the intestate estate.

If you truly believe that he died intestate, then between you and your siblings you should start the ball rolling on the grant of confirmation.

rpc · 20 August 2013 at 3:38PM

little_miss_muppet_face wrote: »

Yes, i know, sorry.
The solicitor told our uncle that if we all agreed to what was written in the will, that it would probably be stamped off and approved as being a valid will, Obviously we do not agree, so would that mean he would be intestate ? Only mother will probably agree to it.

Ultimately, it will be whatever the sheriff says it will be. If you all agree then the distribution can be achieved either by getting the will accepted or by Deed of Variation.

If you push on now and apply for grant of confirmation as if the estate was intestate, that will force the issue. You are only executor nominate if you accept that the will is valid (which you don't, so you aren't really executor). You, one of your siblings or a group of you can apply to take on the role of executor dative and you don't need the questionable document to proceed along that route.

If you apply for the grant, she will need to stand up to a sheriff and explain why a document that is not subscribed properly is a valid will. She would have to answer the same questions (as would you) if you decided to apply for the grant with the will, but by taking the initiative you can take some control of the situation.

Leslie999 · 24 August 2013 at 9:59PM

rpc wrote: »

In Scots Law, I think the will must be signed by the testator on every page and witnessed on the last page. You should not be able to obtain confirmation without a properly executed document.

See http://www.hmrc.gov.uk/manuals/ihtmanual/ihtm12047.htm

Not true , the first person to get the will they hold submitted for Confirmation will get it.

Even if that person lies on all the documents, lies as to the assets in the estate , signs the oaths under false pretences and fraudulently takes the estate , the probate/ confirmation will not be taken away from them.

If you have a later will or a more 'properly' executed will then you're only remedy is an expensive court action.

The police will not intervene, even when the 'criminal' has a history of abusive behaviour towards the deceased and there is written evidence of all his frauds.

Good luck

tryingtofindtruth1 · 24 February 2014 at 10:16PM

Is there a highly qualified barrister who can help please.
Okay..long story cut short.
Executor sols just gone bust... terrible time with them.
Mum at 90 made to change her will, based on disprovable lies, once investigated.
Exec Sols could not or would not
1. Provide a draft will, an approved draft will, invoices that made sense, legit attendance notes, passed on deeds which were for a strip of land rather than a prop deed.
2. Once we proved the will was falsely dated 12 weeks later as Mums mind was gone, they went out to libel myself and wife.
3. We had to sell a high value book to fund a forensic examination.
4. They ignored all attempts to give up the will which had been lodged at Probate Reg, who eventually lost patience and gave them an ultimatum to give it voluntarily or 21 days later they would allow it to be handed to FI.
5. They ignored requests for tens of thousands money between accts to be investigated.
6. Did not give up Larke v Nugus, full file disclosure as per Law Society.
7. Mum told all sorts, and her doctor supported the Executor, claiming she had capacity, but was recorded saying all manner of silly things, again disprovable, and forgetting to Social Workers that she had sold 1/3 of her home and an outbuilding for a 1/3 of the price to a family member.
8. Though an offer has been made, we want to know HOW and who organised this through L v N and to obtain metadata....
any ideas how to cut through all the legal blarney? Is there a pro bono person out there who is not only great but can help someone who has been really wronged.
The solicitor we are using, we feel, is just not listening to us, and almost 20k....still to pay from Mums small estate, and we did nothing wrong, just were lied about, we do not know what to do.....
These blooming people, the SRA are no help either.
It appears justice is not for everyone in the UK, it is just for the rich or others who milk the legal aid system.
Inside I am screaming with anger, please any radical and invented ideas? Not a lot else can go wrong....sure of that.
Meanwhile, Mum and Dad spinning like two tops in heaven.