When the time comes, do I contest a Will? Fraud?

Yorkshireman99

Jenniefour wrote: »

I agree with all you've said about solicitors making proper notes but I wasn't aware that a beneficiary could simply go to the solicitor who drew up the will and be given access to the notes after the death. The solicitor who drew up the will is acting on behalf of his/her client, and not on behalf of any beneficiaries. So I understood they would not supply the notes, unless legal action requires them to, as they would be breaking the confidentiality of the client/solicitor relationship. My understanding is that the duty of confidentiality continues after death, as it does in some other professions, unless there are circumstances where is a clear legal requirement/good reason, to disclose. I might be wrong though!

The beneficiaries might not be able to but the executors certainly can. AIUI it is standard practice for solicitors to take notes concerning the client's reasons for who they leave their estate to. Even though I only have vey distant, and elderly, relatives my solicitor asked me to explain why they would get nothing. The reason was that they were both well off.

Jenniefour

Yorkshireman99 wrote: »

The beneficiaries might not be able to but the executors certainly can. AIUI it is standard practice for solicitors to take notes concerning the client's reasons for who they leave their estate to. Even though I only have vey distant, and elderly, relatives my solicitor asked me to explain why they would get nothing. The reason was that they were both well off.

Thanks for that. I did have a vague idea that executors can see the notes but wasn't sure.

FreeBear

Jenniefour wrote: »

I agree with all you've said about solicitors making proper notes but I wasn't aware that a beneficiary could simply go to the solicitor who drew up the will and be given access to the notes after the death.
[...]
My understanding is that the duty of confidentiality continues after death, as it does in some other professions, unless there are circumstances where is a clear legal requirement/good reason, to disclose. I might be wrong though!

As an executor to my late Mother's will, when I asked about additional notes, I got refused on the grounds of client confidentiality - I may have been asking the wrong person or she didn't grasp what reasons I wanted the notes for....

For anyone questioning the validity of the will, they can seek a Larke-v-Nugus statement, but expect to pay £2K or so for the privilege. Contesting wills is not a cheap pursuit !

Yorkshireman99

Are you saying that the solicitor who prepared the will wanted to charge £2K just to provide a L v K letter?

Jenniefour

FreeBear. No, contesting a will isn't cheap at all.

But I think what yorkshireman said about executors being allowed to see the notes to explain/check the testator's thinking about a decision isn't the same as contesting the validity of a will. Or maybe, there's some overlap. Executors being able to explain something, if asked, might prevent someone trying to contest a will.

FreeBear

Yorkshireman99 wrote: »

Are you saying that the solicitor who prepared the will wanted to charge £2K just to provide a L v K letter?

A solicitor is able to charge reasonable fee to cover the costs of copying & providing the information - However, what a solicitor might regard as "reasonable" may not be the same as the rest of us.

Yorkshireman99

FreeBear wrote: »

A solicitor is able to charge reasonable fee to cover the costs of copying & providing the information - However, what a solicitor might regard as "reasonable" may not be the same as the rest of us.

Noted and thanks. All very well but £2K is unreasonable by any standards.