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Contesting a will & renewing a caveat
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Mavi252
Posts: 2 Newbie
Hi there
I’m hoping to get some advice or opinions on a very long winded probate case
I hope you don’t mind this will be a long post but would like to get peoples perspective & point of view on this case!
My mother ( who is British ) passed away last summer abroad ( I will state the country she passed away in was a very corrupt 3rd world country) I had contact & a very good relationship with her up until she died although little communication during the last few months due to communication problems in the country she was in.
She passed away from lots of reasons but mainly from drug abuse & a disease caught in so said foreign country.
My mother’s brother ( who has ties in this country ) only informed us of her death 4 days after she passed. He also informed us that the money she inherited 6 months previous was in the bank in so said country . This I knew was untrue as she told me previously that all her money was on the Uk as it was too dangerous to leave in bank in foreign country. This immediately raised my suspicions. No will was mentioned at the time , but my mum had wrote a will previously & I had a copy of it. I then rang my mums bank to find out what I needed to do to start them probate process. 3 days after I had a phone call from said bank to say somebody had been to bank to draw money & card had been taken. ( obviously not my mum) That same day my mums brother rang to ask who had tried accessing my mums accounts
I realized my mums brother must of had my mums bank card. Following this he then called to say he had a new will which had been made 6 months prior to mums death when she was in uk & he was executor
My mum was a very vulnerable drug addict which has been confirmed by medical records & if she was in a tight state of mind would never have appointed her brother as executor but I believe she was made to do that at the time as had nobody else to turn up, she was in hospital also around the time of doing that will
I then entered a caveat as there were too many suspicious deatails surrounding the will & death
Hired a solicitor who is currently still working for me.
My mums brother withheld the will & it took many letters from my solicitor to get it from him , when we did get a copy I was completely shocked to find that all my mums estate had been left to a foreign man we had never heard off! Our solicitor decided to go down the route of challenging the validity of the will but my uncle has now since supplied a marriage certificate of this foreign man & my mum which is a marriage cert from so said foreign country! Our solicitor has now advised us that it’s jmposdible to challenge validity as mum was married
My suspicions still arise though
1. Who is this man?
2. Is this marriage cert real?
3 . We have sent letters to this man who apparently
never received them , to an address provided to my uncle to gain some communication
4. A tel number was given tme for him & nobody answers it
My thoughts are that my uncle was going to put the will through probate & keep the money to himself
Him & my mum have never had a good relationship & it was completely out of character of her to appoint him as executor infact he wanted nothing to do with her until her inheritance came!
We hAve proof of this too from other solicitor issues
My issue now is how can I accept my mum even had a legal marriage in a foreign country , does this man even exist & is the marriage even real!
My solicitor suggests to remove the caveat & apply for a claim in the inheritance act ( for family)!but it still would not resolve my suspicions of my mums brothers job as executor . If this man does exist will the money get to him in foreign country or is the marriage even legal!
I feel like I would like to the caveat on due to the huge suspicions I have about the executor
What are your opinions on this if you have any?
Any advice would be much appreciated
I’m hoping to get some advice or opinions on a very long winded probate case
I hope you don’t mind this will be a long post but would like to get peoples perspective & point of view on this case!
My mother ( who is British ) passed away last summer abroad ( I will state the country she passed away in was a very corrupt 3rd world country) I had contact & a very good relationship with her up until she died although little communication during the last few months due to communication problems in the country she was in.
She passed away from lots of reasons but mainly from drug abuse & a disease caught in so said foreign country.
My mother’s brother ( who has ties in this country ) only informed us of her death 4 days after she passed. He also informed us that the money she inherited 6 months previous was in the bank in so said country . This I knew was untrue as she told me previously that all her money was on the Uk as it was too dangerous to leave in bank in foreign country. This immediately raised my suspicions. No will was mentioned at the time , but my mum had wrote a will previously & I had a copy of it. I then rang my mums bank to find out what I needed to do to start them probate process. 3 days after I had a phone call from said bank to say somebody had been to bank to draw money & card had been taken. ( obviously not my mum) That same day my mums brother rang to ask who had tried accessing my mums accounts
I realized my mums brother must of had my mums bank card. Following this he then called to say he had a new will which had been made 6 months prior to mums death when she was in uk & he was executor
My mum was a very vulnerable drug addict which has been confirmed by medical records & if she was in a tight state of mind would never have appointed her brother as executor but I believe she was made to do that at the time as had nobody else to turn up, she was in hospital also around the time of doing that will
I then entered a caveat as there were too many suspicious deatails surrounding the will & death
Hired a solicitor who is currently still working for me.
My mums brother withheld the will & it took many letters from my solicitor to get it from him , when we did get a copy I was completely shocked to find that all my mums estate had been left to a foreign man we had never heard off! Our solicitor decided to go down the route of challenging the validity of the will but my uncle has now since supplied a marriage certificate of this foreign man & my mum which is a marriage cert from so said foreign country! Our solicitor has now advised us that it’s jmposdible to challenge validity as mum was married
My suspicions still arise though
1. Who is this man?
2. Is this marriage cert real?
3 . We have sent letters to this man who apparently
never received them , to an address provided to my uncle to gain some communication
4. A tel number was given tme for him & nobody answers it
My thoughts are that my uncle was going to put the will through probate & keep the money to himself
Him & my mum have never had a good relationship & it was completely out of character of her to appoint him as executor infact he wanted nothing to do with her until her inheritance came!
We hAve proof of this too from other solicitor issues
My issue now is how can I accept my mum even had a legal marriage in a foreign country , does this man even exist & is the marriage even real!
My solicitor suggests to remove the caveat & apply for a claim in the inheritance act ( for family)!but it still would not resolve my suspicions of my mums brothers job as executor . If this man does exist will the money get to him in foreign country or is the marriage even legal!
I feel like I would like to the caveat on due to the huge suspicions I have about the executor
What are your opinions on this if you have any?
Any advice would be much appreciated
0
Comments
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You're paying a solicitor to give you the correct legal advice. I'm not sure how helpful it is to come on here and ask for second opinions.
Many people on here may offer advice but it will generally be people who are speculating because they're not legally trained.
Your solicitor is the best person to advise - that's what you're paying them for. Unless you don't have faith in them?All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0 -
Hi there
I’m hoping to get some advice or opinions on a very long winded probate case
I hope you don’t mind this will be a long post but would like to get peoples perspective & point of view on this case!
My mother ( who is British ) passed away last summer abroad ( I will state the country she passed away in was a very corrupt 3rd world country) I had contact & a very good relationship with her up until she died although little communication during the last few months due to communication problems in the country she was in.
She passed away from lots of reasons but mainly from drug abuse & a disease caught in so said foreign country.
My mother’s brother ( who has ties in this country ) only informed us of her death 4 days after she passed. He also informed us that the money she inherited 6 months previous was in the bank in so said country . This I knew was untrue as she told me previously that all her money was on the Uk as it was too dangerous to leave in bank in foreign country. This immediately raised my suspicions. No will was mentioned at the time , but my mum had wrote a will previously & I had a copy of it. I then rang my mums bank to find out what I needed to do to start them probate process. 3 days after I had a phone call from said bank to say somebody had been to bank to draw money & card had been taken. ( obviously not my mum) That same day my mums brother rang to ask who had tried accessing my mums accounts
I realized my mums brother must of had my mums bank card. Following this he then called to say he had a new will which had been made 6 months prior to mums death when she was in uk & he was executor
My mum was a very vulnerable drug addict which has been confirmed by medical records & if she was in a tight state of mind would never have appointed her brother as executor but I believe she was made to do that at the time as had nobody else to turn up, she was in hospital also around the time of doing that will
I then entered a caveat as there were too many suspicious deatails surrounding the will & death
Hired a solicitor who is currently still working for me.
My mums brother withheld the will & it took many letters from my solicitor to get it from him , when we did get a copy I was completely shocked to find that all my mums estate had been left to a foreign man we had never heard off! Our solicitor decided to go down the route of challenging the validity of the will but my uncle has now since supplied a marriage certificate of this foreign man & my mum which is a marriage cert from so said foreign country! Our solicitor has now advised us that it’s jmposdible to challenge validity as mum was married
My suspicions still arise though
1. Who is this man?
2. Is this marriage cert real?
3 . We have sent letters to this man who apparently
never received them , to an address provided to my uncle to gain some communication
4. A tel number was given tme for him & nobody answers it
My thoughts are that my uncle was going to put the will through probate & keep the money to himself
Him & my mum have never had a good relationship & it was completely out of character of her to appoint him as executor infact he wanted nothing to do with her until her inheritance came!
We hAve proof of this too from other solicitor issues
My issue now is how can I accept my mum even had a legal marriage in a foreign country , does this man even exist & is the marriage even real!
My solicitor suggests to remove the caveat & apply for a claim in the inheritance act ( for family)!but it still would not resolve my suspicions of my mums brothers job as executor . If this man does exist will the money get to him in foreign country or is the marriage even legal!
I feel like I would like to the caveat on due to the huge suspicions I have about the executor
What are your opinions on this if you have any?
Any advice would be much appreciated0 -
Yes completely understand that people on here aren’t legally trained
But because this matter is so close to my heart & I almost feel so negative & angry towards my mums brother maybe I’m reading into everything too much & it’s too personal !
Just thought getting an outside perspective on things may help me make a decision
My solicitors words are that he just wants to get things tied up & get me a settlement ... that’s why he suggested making a claim in family dependent claim , but to me it’s not about the money it’s about not letting my mums brother have control over the estate & mis using his position
By renewing the caveat it means this could drag which a) solicitor doesn’t want but would it give me price of mind I’ve done my best to protect my mums estate?!
I fully understand I won’t get sound legal advice on here , but more of a unbiased perspective on the situation1 -
[FONT=Verdana, sans-serif]It does not sound as if your mother financially supported you, or did she?[/FONT]
[FONT=Verdana, sans-serif]If not why does your solicitor think you might succeed with a claim as a financial dependant, just being left out of a will as a child would not be enough I don't think.[/FONT]0 -
Are you concerned the certificate is a forgery? Does the country in question have any sort of registry that you could check? Is there a consulate or embassy here you could contact for advice on checking?
ETA - also wondering if you know the value of the estate in question. Maybe a sweeping statement but drug abusers tend not to hold on to their money for long. Is it worth the stress of fighting it? Sometimes for the sake of your sanity you just need to let things go. Especially when your motivation isn't the financial aspect. Ask yourself if you keep fighting and get nowhere, is it worth the impact it may have in you?All shall be well, and all shall be well, and all manner of things shall be well.
Pedant alert - it's could have, not could of.0
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