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deed of variation?

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
135 replies 21.5K views
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  • Savvy_SueSavvy_Sue Forumite
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    Ask how to start the formal complaints procedure! Do not be fobbed off with questions about who is dealing with you, you are making a complaint.
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  • orwenorwen Forumite
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    Every firm of solicitors has to have a formal complaints procedure and you can access that at any of their offices. Just go in there and do it rather than delaying that will achieve nothing. The solution is in your hands.

    Thank you. The blue touch paper is burning I can assure you of that. If I receive confirmation that my administration is indeed to be delayed, off I go to the local office.

    Meanwhile, there has been no response to my suggestion that we ignore further correspondence from the opposing solicitor, unless they come up with a court order. When I suggested to my firm that I would not pay for further incidental correspondence between solicitors I received an instant, reproachful reply - invoking my contract with them - followed by an invoice.
  • orwenorwen Forumite
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    Update: there does seem to be some movement on the administration, they now requested various certificates, which were sent, in relation to the deeds. In terms of the on-going dispute I asked what could be expected in the light of the closure of the Inheritance Act window? I was told my parent's will might still be contested on grounds of influence and/or capability, this is despite the will being drawn up, witnessed and countersigned by a solicitor. However, my solicitor has now written to the opposing side advising them that we will not respond to them further until and unless they deliver a formal claim. I imagine, at long last, in solicitor-speak this is 'put up or shut up'? Should have been said many, many months ago I feel. I await the opposing side's next move. Meanwhile, I have things like pension provision to look to, having now retired.

    Many thanks.
  • FreeBearFreeBear Forumite
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    orwen wrote: »
    In terms of the on-going dispute I asked what could be expected in the light of the closure of the Inheritance Act window? I was told my parent's will might still be contested on grounds of influence and/or capability, this is despite the will being drawn up, witnessed and countersigned by a solicitor.

    My opinion: The time to contest the will on grounds of undue influence or capability is before probate is granted. The basic steps would be: Enter a caveat to prevent probate being granted. Investigate the circumstances surrounding the execution of the will and seeking a Larke-v-Nugus statement. Initiate high court proceedings to get the will ruled as invalid.

    As none of this has happened, it is highly unlikely to take place now. in addition, undue influence is extremely difficult to prove - Not going to happen.

    At least your solicitor has started to take notice of your instructions and doing what he is being paid for.
    Her courage will change the world.

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  • orwenorwen Forumite
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    Thanks FreeBear,

    I view the opposing side's action as an attempt to inflict as much emotional and financial harm as possible and at a time when I was least able to cope. Indeed, the last letter from their solicitor seemed to have been timed to coincide with the date of my birthday, which it happily missed due to the perennial tardiness of my own solicitor - in whose interest it seems to be to 'keep the kettle boiling' by keeping me in ignorance or, as in the present case, being economical in answering my direct question: 'what might happen?'

    It now looks as if my solicitor's letter - which is a precis of my own draft - removes the stick from the opposing party's grasp with which they have been tormenting me for six months, practically ever since my mother died. Predictably then, they will now throw all their toys from the pram, the spiteful stick having been taken away from them.

    Thanks again.
  • orwenorwen Forumite
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    Hi,

    It is almost a year since I received the initial letter from the opposing solicitor. In all the intervening time there has been no pre-action protocol Letter of Claim. Despite, this the opposing solicitor continues to fire off fatuous letters to my solicitor, who then deliver back to them an expansive reply costing a small fortune. I now find myself a ping-pong ball in the middle of two solicitors. My solicitor shows no sign whatever of even attempting to draw matters to a close and they are now writing to me to try and initiate further action. The has in-sensed me because the action would be incidental to the dispute and has nothing to do with refuting the threats of letters of claim from the other side.

    At what point can I politely thank my solicitor for representing me this past year, formally disengage from them, and instruct the opposing solicitor to write direct to me in future please?

    Many thanks
  • SuzieSueSuzieSue Forumite
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    orwen wrote: »
    Hi,

    It is almost a year since I received the initial letter from the opposing solicitor. In all the intervening time there has been no pre-action protocol Letter of Claim. Despite, this the opposing solicitor continues to fire off fatuous letters to my solicitor, who then deliver back to them an expansive reply costing a small fortune. I now find myself a ping-pong ball in the middle of two solicitors. My solicitor shows no sign whatever of even attempting to draw matters to a close and they are now writing to me to try and initiate further action. The has in-sensed me because the action would be incidental to the dispute and has nothing to do with refuting the threats of letters of claim from the other side.

    At what point can I politely thank my solicitor for representing me this past year, formally disengage from them, and instruct the opposing solicitor to write direct to me in future please?

    Many thanks

    You should have done it months ago. If you don't have a solicitor the opposing side has to write to you. This happened to me when I had a legal dispute.
  • orwenorwen Forumite
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    Thank you,

    Sigh of relief.

    I suspect my solicitor is now using the upsetting dispute following the sad loss of my mother as a license to print money, they are actually touting for business now, on the back of sending me invoices for letters written - it has got ridiculous.
  • AnthearAnthear Forumite
    107 posts
    Oh my goodness - you poor thing!!!

    If you haven't already, make a formal complaint - make it crystal clear - say what you are complaining about then how it has affected you - the detriment, then say what you want them to do about it.

    After this stage you can go to the Legal Ombudsman. Just be very meticulous and focussed. Good luck!!!!
  • orwenorwen Forumite
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    Thanks Anthear,

    I just want this whole business to stop, I have been through so much these last 18 months, too much. I have now written to the opposing solicitor telling them to write direct to me, if they need to. I have also suggested to them that unless they are to deliver a formal Letter of Claim to me they will be wasting their time. I have emailed my solicitor and told them to stop representing me and stop replying to the opposing solicitor. I will expect a reproachful email from my solicitor tomorrow. I have just paid them 700 quid for a useless reply to a useless letter from the opposition, if they try and con any more money out of me I will complain to the senior partner and contact the Ombudsman. That means they will have to account for all the hours they claim they have clocked up on futile correspondence, so it's wait and see.

    Thus the solicitors from Hell.

    :eek:
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