Finding a solicitor

WYSPECIAL

A relative had a Will drawn up by a solicitor local to them. Some time after the Will was drawn up there was an SRA intervention and the practice was closed.

The relative has since died and the Will which I am Executor to is being challenged as to its validity. From what I can gather the usual thing to do is to get a statement from the testators solicitor about the instructions they received.

Is this possible when the practice has closed down? A google search shows that the solicitor involved did not lose his license but no longer practices. I assume they have retired so presumably will no longer be expected to provide a statement.

I have got the file from the SRA but it doesn't really show much. A few pages of notes and copies of some ID.

Any advice on what to do next gratefully received!

FreeBear

When a firm of solicitors closes, another often takes over ownership of the files and client list. However, apart from important documents (house deeds, will, etc), correspondence papers will sometimes be destroyed after a set period - Had a similar issue with a local solicitor that merged and then got taken over by a larger outfit. After tracking down the current "owners" of the files, I found correspondence was routinely shredded after ten years. Fortunately, the had retained house deeds and a (very out of date) will.

Depending on how long ago this will is that you are defending is, a few notes is possibly all you will get.

Yorkshireman99

On what grounds is the will being challenged and by whom?

WYSPECIAL

Widower with no children left estate to be divided equally between children of one of his brothers ( ie his nephews and nieces) and children of one of his predeceased wife's brothers (her nephews and nieces)

He chose not to include children of his other siblings or his wife's other siblings.

A variation was requested by a nephew of his wife, so not even a blood relative of the testator, to include all nephews and nieces from both sides. This was politely rejected by the beneficiaries.

This person now wishes to claim that the Will is invalid as they allege undue influence by one of the beneficiaries.


It seems a strange thing to want to do as my understanding is that if they are successful the rules of intestacy will apply and the estate go to the deceased's surviving siblings.

I want to finalise everything as soon as possible as this is the only thing stopping me from distributing the residue so anything I can provide to assure the disappointed party that the Will was correctly made by someone with full testamentary capacity the better.

Or should I just let them get on with a court application?

Keep_pedalling

I would just explain to this person that there is no evidence to support her allegations, and that if she wants to waste lots of money chasing an unwinable case then go ahead.

Yorkshireman99

WYSPECIAL wrote: »

Widower with no children left estate to be divided equally between children of one of his brothers ( ie his nephews and nieces) and children of one of his predeceased wife's brothers (her nephews and nieces)

He chose not to include children of his other siblings or his wife's other siblings.

A variation was requested by a nephew of his wife, so not even a blood relative of the testator, to include all nephews and nieces from both sides. This was politely rejected by the beneficiaries.

This person now wishes to claim that the Will is invalid as they allege undue influence by one of the beneficiaries.


It seems a strange thing to want to do as my understanding is that if they are successful the rules of intestacy will apply and the estate go to the deceased's surviving siblings.

I want to finalise everything as soon as possible as this is the only thing stopping me from distributing the residue so anything I can provide to assure the disappointed party that the Will was correctly made by someone with full testamentary capacity the better.

Or should I just let them get on with a court application?

If they say the will is invalid because of lack of testamatory capacity then AFAIK the intestacy rules would apply and only blood relatives would inherit. As soon as the nephew goes to solicitor they will be told they have no chance. Unless there is something you have not told us, and I doubt that is the case, then I agree with the cyclist. I suppose you could spend a few hundred pounds getting formal legal advice that the estate would pay for then I would proceed to distribute the estate. Let us know what the response is from the nephew. Good luck!

WYSPECIAL

On the contrary the solicitor seems to be happy to pursue it and keeps sending letters but then I suppose they are getting paid to take their clients instruction.

The insinuation now seems to be that the Will would have included the aggrieved person were it not for the undue influence of one of the beneficiaries.

I think the new rules on intestacy exclude even blood nephews and nieces. Is this correct or have they not yet come into force?

Yorkshireman99

WYSPECIAL wrote: »

On the contrary the solicitor seems to be happy to pursue it and keeps sending letters but then I suppose they are getting paid to take their clients instruction.

The insinuation now seems to be that the Will would have included the aggrieved person were it not for the undue influence of one of the beneficiaries.

I think the new rules on intestacy exclude even blood nephews and nieces. Is this correct or have they not yet come into force?

The current rules are here

https://www.gov.uk/inherits-someone-dies-without-will

Simply answer the questions to get the answer.

I suggest you tell the solicitor to put up or shut up. They are flying a kite.

FreeBear

WYSPECIAL wrote: »

On the contrary the solicitor seems to be happy to pursue it and keeps sending letters but then I suppose they are getting paid to take their clients instruction.

The insinuation now seems to be that the Will would have included the aggrieved person were it not for the undue influence of one of the beneficiaries.

To pursue a case of undue influence is very expensive and the claimant would have to have concrete proof. Insinuations do not count, and they would have to prove that the testator was virtually dragged in and forced to sign the will - Without supporting evidence from the solicitor that drafted the will, any claim is likely to fail.

Unless a caveat has been entered, carry on with applying for probate and distributing the estate in accordance with the will.

WYSPECIAL

FreeBear wrote: »

T
Unless a caveat has been entered, carry on with applying for probate and distributing the estate in accordance with the will.

Thanks,

probate long since granted, notices placed in London Gazette etc. Once notice period expires and I get confirmation from DWP that all monies owed to them have now been paid i am ready to distribute.

Which court will they need to apply to in order for the validity of the Will to be considered? I am going to politely suggest that they make their application soon.

FreeBear

WYSPECIAL wrote: »

probate long since granted, notices placed in London Gazette etc.

Which court will they need to apply to in order for the validity of the Will to be considered? I am going to politely suggest that they make their application soon.

My opinion - Once probate has been granted, it is too late to challenge the validity of a will. A caveat should have been entered to prevent probate being granted and allow time for the circumstances to be investigated and a legal challenge mounted.

Whilst it might be possible to go to the high court (Chancery Division), there would have to be a solid case before a judge would even consider allowing it to proceed. An out of time application would be extremely expensive to lodge, and is unlikely to go anywhere.

Stick two fingers up at this solicitor, blow a raspberry, and tell him that he is out of time. Six months from the date of probate being granted, you can ignore any further correspondence as he would also be out of time to bring a claim under the Inheritance Act.