Larke v Nugus waiting and waiting.

T120girl

Brief outline.
Family war. 2 sisters and a brother all hate each other. Don't even speak to each other. Mother not spoken to daughter 2 for 20 years.
Mother dies. She made 2 wills in her last years.
Will number 1, total estate to son. ( brother who hardly saw her but managed to get his wife to butter her up)
Will number 2. Equal split , 3 ways but with jewellery to oldest daughter who nursed her for her last 4 years. A fair and sensible will.
Brother sees will 2 and declares it done with no mental capacity. Asks for a Larke v Nugus to prove all was done properly which it was. All Doctors say she was mentally capable and knew exactly what she was doing. He insists will 1 which he and wife are sole inheritors is the correct will.
How long can he drag this out? Larke v Nugus has been answered months ago, Mum has been dead over a year. Quite honestly I'm out of work and could do with the money. After she died work was hard to find and I'm now 60.
The money is gaining interest somewhere and little brother is doing nothing.
I'm prepared to fund the case to speed things up but realistically what can I do?
What's the next step after the LvN has been responded. Why is it taking so long?:mad:
Thanks in advance.
Tracey.Sister 1.

SeniorSam

As you are in dispute, do you have solicitors trying to help you or are you trying to sort this out yourselves? You could apply to the courts to clarify and then act accordingly.

Keep_pedalling

Who are the executors for the 2nd will?

Has your brother actually taken any legal action yet?

maximumgardener

Its important to know who the executor/s are for the second will and if they differ from those in the first will! ?
Is there a solicitor involved that you can ask?. If you are an executor then just get on with administering the wishes in the will.
Your brother may choose legal action to challenge the will but he will need to be sure of his facts as this will be expensive and quite time consuming process. It seems from what you say already that his "challenge " has failed ref mental competency

T120girl

The solicitor and executor for will 2 is handling it. He knew Mum well and was with us all through the 4 years until she died. Will was made in February 2016 and she died March 2018. She was very sick at the end both mentally and physically.
In Feb 2016 she was an awkward, angry and rude old woman but she knew exactly what she was doing. The doctors, psychiatrists and social worker all knew she had Alzheimer's but she was living independently at home and was very chatty and happy with all her carers.( except me!).
Last year, her house was sold, the probate granted and all was well until the will was contested.

I would like to take him to court and my sister agrees. We will finance it together. I have asked the solicitor about 6 times if he will do something and he ignores me. He is busy but how can I get some action from someone? Surely there is a time limit on how long brother can drag this out?
I know he is worried about court costs because he made an out of court offer of 50% to me and sister and 50% to him and his wife. We said no, lets stick to the 1/3 each, no in laws of ours got anything so why should she?

T120girl

Will 1 made in 2012 by brother's solicitor. He is now with the same man but he has set up on his own. Brother and sister in law sole inheritors and executors. No mention of 2 daughters as we had fallen out with Mum.
Subsequently I visited her and she told me she had a huge battle with sister in law and was not speaking to her or brother.
I was advised by her new solicitor to persuade Mum to visit him and make a fair will and she agreed. I just can't see why he cannot accept his third and we all move on. Just pure greed and hate for his 2 sisters? He will spend a lot of money if he pursues this and I don't see the point. I heard it's 40 to 100k to contest a will and I wonder if he knows that?

TBagpuss

Last year, her house was sold, the probate granted and all was well until the will was contested.

How was the will contested? Has brother actually issued proceedings?

My understanding is that if it is the brother who is alleging that Mum didn't have capacity, it is for him to prove that, not for you/the executors to disprove it. Check with the solicitor, but I think that means that you don't need to take him to court - the esecutor can carry on and adminster the estate, and it would be for him to apply to claim the will was invalid.

Of course, the solicitor-executor may wish to write to him first to say that they will proceed, and they may well be cautious about disctributing the estate until they know one way or the other.

I am not sure whether it is possible for them to send a letter saying, in effect, 'We presume, as you have not provided any evidence to support your assertion that [Mum] lacked capacity and have not issued provceedings that you accept the evidence provided of her capacity, and we will now proceed to distribute the estate in accordance with the will'
They could possibly add in somthing to say that if he does seek to amke an application they are putting him onnotice that if he is unsucessful, they will, on behalf of the estate, seek costs againsts him personally.

You would need to ask them whether that would be possible / appropriate, and if not, what the next steps are.

Keep_pedalling

You can’t really take action against you brother, unfortunately the ball is entirely in his court if his is insistent on persuing this further. All the executor can do at the moment is defend any action your brother takes, he / she can’t force this along.

If it ever comes to court he is almost certain to lose and he will be responsable for all costs. Do you have a neutral family friend who can point out to him the high financial risk he is taking?

T120girl

I think brother in law mentioned costs to him. It happened in his family and at the end after all the costs and legal fees there wasn't much left.

I will mail solicitor again and ask if we can push for their evidence of lack of capacity. Most of the time he just ignores me. After all he is working for Mum's estate and not me. Although I presume the estate will just keep on paying him until the money runs out.

Flugelhorn

yes executors need to carry on with executing will 2.

Savvy_Sue

T120girl wrote: »

I will mail solicitor again and ask if we can push for their evidence of lack of capacity. Most of the time he just ignores me. After all he is working for Mum's estate and not me. Although I presume the estate will just keep on paying him until the money runs out.

Who is named as executor(s) in will no. 2? If it is this solicitor, are they sole executor?

You say they work for the estate, but a) only if they are named as executor or b) if they have been instructed by the executor(s).

If they are executor and not responding to enquiries, I'd put in a complaint. They must have a complaints procedure.