Invalid Will

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
22 replies 4.4K views
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  • MojisolaMojisola Forumite
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    WYSPECIAL wrote: »
    Four other people feel they should benefit and want a variation. If, for example, five of the beneficiaries agree to a variation and five don't can I pay the five that don't their share of 10% each

    Yes.

    and then divide the other 50% of the estate equally between the five that agree and the four that want in, so 50% divided by 9 to give them 5.5% of the total each?

    Yes.

    Do I need a unanimous agreement to a variation or can some agree to be disadvantaged whilst other aren't?

    The ones who want to keep their inheritance as stated in the will won't be involved at all in the DOV.

    The ones who are happy to reduce their portion so that others can benefit are the ones who need to sign the DOV.
  • Yorkshireman99Yorkshireman99 Forumite
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    WYSPECIAL wrote: »
    Thanks, I am aware of that, but what happens if some agree and some don't? In this case there are no specific gifts just instructions to divide the residue equally between 10 people so its's a simple 10% each.

    Four other people feel they should benefit and want a variation. If, for example, five of the beneficiaries agree to a variation and five don't can I pay the five that don't their share of 10% each and then divide the other 50% of the estate equally between the five that agree and the four that want in, so 50% divided by 9 to give them 5.5% of the total each?

    Do I need a unanimous agreement to a variation or can some agree to be disadvantaged whilst other aren't?
    From what you have said there is no need to go down the DOV route. Don't let them bully you.
  • WYSPECIALWYSPECIAL Forumite
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    From what you have said there is no need to go down the DOV route. Don't let them bully you.

    Don't worry I wont but I assume, as executor, if someone asks for a DOV I am obliged to put it to the beneficiaries? I know what the response will be anyway!
  • edited 20 November 2015 at 2:19PM
    FreeBearFreeBear Forumite
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    edited 20 November 2015 at 2:19PM
    WYSPECIAL wrote: »
    Probate has been granted so it is a public document that anyone can purchase a copy of.

    If probate has been granted, then they have left it too late to challenge the validity of the will (in my opinion). What the should have done was to lodge a caveat to prevent probate being granted and use the time to investigate & contest the validity.

    Whilst it might be possible to contest validity at such a late stage, it will be very expensive and there would need to be substantial reasons to convince a judge to allow the challenge.

    Question: Has any of this communication been conducted via a solicitor, or is it just someone trying it on ?

    In either case, unless you receive any court papers within six months of probate being granted, there is very little this individual can do - I'm having a similar problem with an estate (disinherited B.S. wanting to contest validity & provisions), but probate has been obtained, and he doesn't have the funds to do any more than throw a tantrum.
    Her courage will change the world.

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  • TBagpussTBagpuss Forumite
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    What have you recieved, and what responses have you sent?

    It might be helpful to set out waht the outcome would be if there was a sucessful challenge to the calidity of the will - ie. if that means they get nothing.

    It might also be sensible to suggest an initial meeting so they can explain what their concerns are and what they are seeking to achieve, so you can give an informed response.
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
  • WYSPECIALWYSPECIAL Forumite
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    FreeBear wrote: »
    If probate has been granted, then they have left it too late to challenge the validity of the will (in my opinion). What the should have done was to lodge a caveat to prevent probate being granted and use the time to investigate & contest the validity.

    Whilst it might be possible to contest validity at such a late stage, it will be very expensive and there would need to be substantial reasons to convince a judge to allow the challenge.

    Question: Has any of this communication been conducted via a solicitor, or is it just someone trying it on ?

    In either case, unless you receive any court papers within six months of probate being granted, there is very little this individual can do - I'm having a similar problem with an estate (disinherited B.S. wanting to contest validity & provisions), but probate has been obtained, and he doesn't have the funds to do any more than throw a tantrum.

    Probate has been granted but they are within the six month time limit.

    Contact is a letter from a solicitor. I have replied asking for clarification of what they are seeking, ie do they feel the Will is invalid and wish to prove this in court or are they happy that it is a valid Will and wish to request a variation.
  • konarkkonark Forumite
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    If the will was sworn at a solicitor's office in front of independent witnesses it's watertight. Don't worry!
  • edited 21 November 2015 at 6:14PM
    Yorkshireman99Yorkshireman99 Forumite
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    edited 21 November 2015 at 6:14PM
    WYSPECIAL wrote: »
    Probate has been granted but they are within the six month time limit.

    Contact is a letter from a solicitor. I have replied asking for clarification of what they are seeking, ie do they feel the Will is invalid and wish to prove this in court or are they happy that it is a valid Will and wish to request a variation.
    I think you have to play hardball on this unless there is something you have not told us, which I doubt. It seems quite common for people to think that they have some right to inherit when there really is none. Stick to your guns!
  • WYSPECIALWYSPECIAL Forumite
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    Ok it's an old thread but everything is now dealt with and the estate ready to distribute except the people challenging the Will have still not made any move other than ask for mediation with the beneficiaries to discus a DOV which they have never organised. Several beneficiaries are agreeable to mediation although I doubt they would agree to a variation.

    I was planning on writing to the solicitors representing them stating that if they want to arrange mediation it must organised, at their expense, in the next six weeks and that if they don't make arrangements or an application to court within this time scale the estate will be distributed according to the terms of the Will. Does this seem sensible? Is six weeks a realistic time scale?
  • LintonLinton Forumite
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    I think you are being too reasonable. The time for mediation is if they have a case and you both want to minimise legal costs. If they dont have a case what is there to mediate about? If the beneficiaries want to give the unhappy challenger a gift after they have received their inheritance that's their option and not your concern. Your primary role is to distribute the estate in accordance with the donor's stated wishes. But of course you should be guided by your solicitor.
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