Larke v Nugus letter response

Flugelhorn

Keep_pedalling said:

Flugelhorn said:

still curious as to how they knew about the will - unless he wrote to tell them he was donating 

That is one possibility, another is that the executor or solicitor of the original will was not aware of the DIY replacement and raised it with the residual beneficiaries. Even if they were aware of the change they may have been concerned enough about a late change in wills to raise it with the effected beneficiaries.

that is good point, however as they have probate then the executor of the original should really have been busy by now if they think they are still executor. More likely that they are aware of the changes (having perhaps seen the estate in the gazette) and are now querying it 

Dox

Doesn't really matter how the charities know - although the likelihood that they have all instructed the same firm of solicitors is remote. Larger charities will have their own lawyers in house, or use their own choice of lawyer. OP, send the letter to your own solicitor and them deal with it.

jasdog

 I agree one firm representing all the charities is strange. Had it not been for the current covid 19 lockdown the will would by now be mostly dispersed probate was granted in February. 

Malthusian

jasdog said:

 I agree one firm representing all the charities is strange.

Makes sense to me - it avoids reinventing the wheel. Charities will have their preferred lawyers or in-house lawyers as Dox says, but that doesn't stop them discussing the case between themselves and agreeing to let one of those legal teams take it forward. Either the new Will will be struck out or it won't be - there's no benefit for them to all bring the same case.

The charity industry is incestuous and it wouldn't be hard for the charities involved to co-ordinate.

jasdog

Hi i have read your advice on will disputes on the forum . Can i ask your advice on my situation i am executor and main beneficiarie to my late uncles will . Whilst in hospital my uncle wanted to change his will . We asked the solicitor who drafted his old will if he could come to the hospital and discuss my uncles request. The solicitor visited my uncle and had a meeting which was private between them both. The solicitor could not seem to understand my uncle who had throat cancer . The meeting resulted in my uncles wishes not been acted on . So to move things on my uncle aggreed to me drafting a new diy will with his new wishes . He signed a letter informing his solictor he no longer required his services . The new drafted will was signed and witnesed by two medical staff who were not involved in his care . He had full capacity  and knowledge of what he was doing . The change to the will was to remove several charities who were to recieve the residue of the estate after bequests were paid to me my brother and 2 cousins who still remain on the new will. His new will was granted probate in February . I have now recieved a Larke v Nugus letter from a firm of solicitors who say they are representing the charities that were named on the old will. The letter also mentions my contact with the solicitor who drafted the old will and the fact that my uncle was in hospital at the time when the new will was drafted . My uncles new will were his last wishes made because that was what he wanted . My uncle was still driving his car a week before he went into hospital and had full capacity up to the day he passed away about 3 weeks after he made his new will. My question to you his how should i respond to the Larke v Nugus letter. The will is close to been dispersed to the named beneficaires i have read that 21 days to respond to the letter is acceptable. Thank you if you take time to read this and reply with your thoughts. 

Keep_pedalling

It would be helpful if you kept this to one thread, but considering the new information you have provided you need proper legal advice, and this could become very expensive for you.

xylophone

 My uncles will has been granted probate and is been dealt with by a local firm of solicitors . 

Have you consulted the solicitors?

jasdog

Hi thanks no i asumed they will have been sent a copy .

Keep_pedalling

jasdog said:

Hi thanks no i asumed they will have been sent a copy .

Assumptions are dangerous and the solicitor who drew up the previous will is not acting for you. If this comes to court they will in all likelihood be called as a witness for the charities. You need to take advice from your own solicitor.

jasdog

I fully intend to seek thier advice but i am trying find out more about the Larke v Nugus letter . Why i have been sent it and how i should respond to it . I been told it could be a phishing excersise to see what our response is.