Contesting Will & Executors refusing to give money

Mrsfrugal

Can I please ask for some advice.
Mothers will of 17 years changed hours before death
She died of terminal cancer
2 Sisters were with her and they are both executors
I am now contesting will
Previous will of 17 years split between 3 siblings
New will - I got £100,000 and 2 executors got £400,000 each
The 2 executors paid themselves £100,000, and me £100,000, (until the will was finalised, as they were obviously desperate for the money)
As i believed no-one should get any share until the will was finalised, I sent my share back (but I didn't realise they got a payout)
6 months later, I have asked for my share (£100,000) to proceed to court.
I am getting a medical report and proceeding to court.
2 Executors have refused to give the £100,000, and their solicitor thinks this is reasonable
My solicitor thinks there is nothing I can do
I am so frustrated at the executors power.
I would be grateful if someone would advise me on whether I should cut my losses, and if there is anything I can do now.
I also gave them cash towards funeral expenses, but they have denied all knowledge
Thank you in advance

securityguy

"My solicitor thinks there is nothing I can do"

You should listen to him.

Malthusian

Mrsfrugal wrote: »

I am now contesting will

You didn't say why.

You also didn't say on what grounds they are withholding the £100,000. However, it seems to me that if you are planning on launching costly legal action against the estate, the executors are very sensible not to hand over the £100,000, given that you might do a Jarndyce v Jarndyce and by the time the legal action is over, there may be so little money in the estate you are no longer entitled to even £100,000. (Was your legacy £100,000 with the residue to the executors, or 10% to you and 40% to each executor?)

TW1234

Presumably when you say that you wish to contest the later will on health grounds you mean on lack of mental capacity at the time it was signed.
Have you any evidence or grounds to support that?
When you say that your solicitor says there is nothing you can do, is that because you cannot at present afford the potential legal costs or because you have no grounds to contest the will?
You are going to be facing time limits.

macman

Who witnessed the will? The executors can be beneficiaries, but witnesses cannot. Your mum was suffering from cancer, which does not in itself imply that she lacked mental capacity, unless you can produce medical evidence to the contrary.
If the will was properly witnessed and signed, then regrettably I do not see that you have any grounds to contest it.

FreeBear

The time to contest the validity of a will is before probate is granted - One would normally enter a caveat to allow time for investigation & legal action. Once probate has been granted, you have missed the opportunity unless you can persuade a judge otherwise.

If it is a claim under the Inheritance Act, then you have six months to bring a case from the date probate is granted.

In both cases, court action is expensive with no guarantee of success. Should you lose in court, you could find yourself liable for the executors costs (if they asked, and the judge agreed).

BobQ

You have got advice of a solicitor, there is little anyone on here is likely to be able to say that you can reliably use.

Your opinion about the what an executor should be able to distribute is wrong. An executor can distribute whatever they wish to the beneficiaries. The only issue is that if they make a mistake then they are personally responsible for the loss. But if the estate was around £1m then distributing 100K to you when the rest goes to the executors is not much of a risk unless additional debts were to emerge.

What grounds do you have for thinking the will is invalid?