complying with Larke v Nugus

back_to_school

I am an executor and beneficiary, and the testator has died, probate has not been obtained.
I refuse to show the will to the other beneficiaries, without an agreement from them not to further introduce other testator testimony after 'will' disclosure as I am concerned about fraud, and believe that the information in the will would be used to 'marry' fraudulent testimony to it.
The complainants solicitors have threatened me with court fees for not showing the will, I then provided points of historic antipathy towards the testator as reasons why I believe fraud may take place. The complainants solicitors have since not contacted me, despite me asking for confirmation (or not) of an agreement, but have sought a Larke v Nugus request of the testators solicitors.
Q. can I stop the request
Q. do I have a case where I believe fraud may occur.
Q. the complainants solicitors are acting like fraudsters themselves, aren't they obliged to mediate and respond to my concerns, seems like a Larke v Nugus request is just a money earner with no concern for the consequences.

Yorkshireman99

This is not a problem that can be answered here as there must be much more detail. You MUST get paid for legal advice ASAP.

Keep_pedalling

Yorkshireman99 wrote: »

This is not a problem that can be answered here as there must be much more detail. You MUST get paid for legal advice ASAP.

Absolutely, do not try to defend this DIY, it could cost you big time, although I cant see how the beneficiaries having sight of the will opens it up to fraud, so maybe just show them.

Yorkshireman99

I don't see the fraud possibility. Presuemably the complainer(s) hope to prove lack of capacity. AFAIK the executor has no obligation to show the will to anyone until probate when it becomes public anyway.

Keep_pedalling

Yorkshireman99 wrote: »

I don't see the fraud possibility. Presuemably the complainer(s) hope to prove lack of capacity. AFAIK the executor has no obligation to show the will to anyone until probate when it becomes public anyway.

You certainly don't need to under normal circumstances, but I'm not sure if the will is being challenged.

Question for the OP, was this will drawn up by a solicitor? If it was what is stopping you getting a L&N statement from them?

back_to_school

The will was drawn up by a solicitor.
The testator had alzheimers for six years, I believe it is very likely the testator would have been under duress to create other testimony. It would not be difficult to fill in any blanks to establish historical continuity having seen the will, although such testimony might be weak and not stand up in court, why should I have to test it?! and why won't the beneficiaries sign an agreement unless they want to propose other testimony?

Keep_pedalling

You should make an appointment to see the solicitors who drew up the will, to proceed without doing so would be very foolish. No one on here can give you any useful advice, you need a professional, preferable one who is familiar with the will.

FreeBear

back_to_school wrote: »

The complainants solicitors have since [...]have sought a Larke v Nugus request of the testators solicitors.
Q. can I stop the request

You can't stop an L-v-N request, but the solicitors should be directing the request towards the firm that drew up the will. They should also be picking up the bill and not trying to pass the cost on to the executors or the estate.

As for taking you to court to get a copy of the will before probate is granted, it is most likely hollow threats on their part. If a caveat has been entered, then probate would be delayed and there could be costs involved.

phillw

back_to_school wrote: »

and why won't the beneficiaries sign an agreement unless they want to propose other testimony?

Maybe they believe undue influence was put on the testator when preparing the will.

back_to_school

The will was drawn up in 2002, and the solicitors believe it is acceptable. The beneficiaries were told of its content in 2002, one of the beneficiaries said they will have it overturned. It is possible the complainant believes the testator was influenced as their relationship with the testator was never as good, however to quote their response to the testators will, "there is always away", meaning to thwart the testators will; and that sentiment has been playing out for 15 years.
The solicitors for the testator are complying with LvN, but I am still concerned that this is just a scam to then create historical continuity with later testimony, created under duress
I ask if this could be a likely scenario with a determined person and how to mitigate against it?

Yorkshireman99

back_to_school wrote: »

The will was drawn up in 2002, and the solicitors believe it is acceptable. The beneficiaries were told of its content in 2002, one of the beneficiaries said they will have it overturned. It is possible they believe the testator was influenced as their relationship with the testator was never as good, to quote in response to the testators will, "there is always away"; that is to thwart the testators will, and that sentiment has been playing out for 15 years.
The solicitors for the testator are complying with LvN, but I am still concerned that this is just a scam to create historical continuity with later testimony, created under duress
I ask if this could be a likely scenario with a determined person and how to mitigate against it?

I think the complainent's bluff needs to be called. If they want o chalenge the will they are going to have to put money up front to do so.