Advised By Telephone That The Will May Be Contested

justin128

My aunt passed recently and I am the executor of the will. There is only one beneficiary which is a local charity. Things have progressed well and are due to be settled in about two weeks time with all residual money going to the charity. I have now been advised over the phone that a relative intends contesting the will, although all of the solicitors are currently closed. Following this informal verbal advice, do I have a duty to put things on hold? What would happen if I do not receive any formal notification and simply go ahead and transfer all funds to the charity in accordance with the terms if the will?     

pphillips

You run the risk of becoming personally liable if you pay out within 6 months of the grant.
If a claim has not been issued within 6 month from the grant, you can distribute the estate and will not be personally liable even if the court allows a late application to proceed.

Brynsam

Who gave you the 'informal verbal advice' ?

Solicitors aren't 'closed' - just working from home like everyone else. But there's an even easier route open to you if this claim proceeds: talk to the charity. Their legal advisers have some of the sharpest teeth in town when it comes to defending bequests.

Malthusian

As Brynsam says, it would be a good idea to talk to the charity. If they sat back and let you defend a claim, the costs of doing so would come from the estate win or lose, so it's in their interest to get their own lawyers on it.

MoneySeeker1

I've also read that charities can be pretty "ferocious" in defending anything that has been left to them in a Will.

As I've got a relative that would do their best to get my property if I died, then I had to leave it "somewhere or other" and so left it to a charity that reflects my interests and it's one "big" enough that I expect they'd fight hard to make sure they were the ones that got it if it was contested.

kazwookie

Ring your solicitor today, leave a message if there is an ansamachine, someone will get back to you. (my solicitor is working from her kitchen table with the 'help' of a 3 year old and a kitten)

Then follow this up with an email to them.

Next ring the charity and leave them a message, and follow up with an email.

The only people who win IMO in cases like this is the solicitors.

pphillips

Brynsam said:

Who gave you the 'informal verbal advice' ?

Solicitors aren't 'closed' - just working from home like everyone else. But there's an even easier route open to you if this claim proceeds: talk to the charity. Their legal advisers have some of the sharpest teeth in town when it comes to defending bequests.

This is a key question to ask as only a certain class of people can expect to benefit from an estate.
Presumably this is a potential Inheritance (Provision for Family and Dependents) Act claim, in which case: what kind of relationship did the relative have with your late aunt and why would they expect to benefit from her estate?

xylophone

https://www.kingsleynapley.co.uk/insights/blogs/dispute-resolution-law-blog/how-wills-can-be-challenged-and-how-charities-can-manage-legacy-disputes

JJ_Egan

Bit like next door to me .

left to charity  relatives challenged the will ,

Ongoing now for four years .

Somebody may write a book about it .