Hospital Will

GDB2222

Your choice. I would.

GDB2222

jasdog said:

GDB2222 said:

I don’t think you are obliged to reply at all, but there are costs implications. You might get a subpoena. Or disclosure may be ordered. Or the other side may do nothing. Who knows? 

Have you instructed a probate litigation solicitor, yet?

Probate was granted in Feburary the Will as been dispersed now . It as only taken longer to be finalised because of lockdown etc.

The fact the money has been dispersed is not an advantage. 

jasdog

Update to Hospital Will post 20/06/20 . I responded to L v N request through my solicitor Sept 2020 the solicitors challenging the will on behalf of 7 charities did respond Jan 2021 claiming Lack of Knowledge and  Approval also suspicious circumstances . My response to the L v N request was done over the phone answering the questions on spot so was not ideal. I have since provided my uncles medical records and written statements from wife and i explaining my life long relationship with my uncle . The charities solicitors produced a typed attendance note from my uncles solicitor who attended my uncle in hospital with the brief to change or produce a new Will to make me executer and residue beneficiary. The solicitor claimed he was there 30 minutes but was only there a maximum of 10 minutes, he also said my uncle spoke clearly to him and went into great detail regarding his wishes which our solicitor said would have been impossible in 30 minutes let alone the 10 he was actually there. He also said there were 5 charities when there were 7 .My uncle was in the last stages of throat cancer his medical records clearly state he his very difficult to understand you must listen very carfully can write down his wishes and mouth words . The visiting solicitor makes no mention of my uncles condition or ability to communicate . My solicitor suggests the attendance notes were typed up long after the solicitors visit and for purpose of challenging the Will a request for his hand written signed notes has been made . My uncle signed my notes prior to draughting a new Will .     At a ongoing cost £2000 so far i have been to a 2 hour face to face meeting with our solicitor who advised a meeting with a Barrister depending on the response from the charities solicitors £1650 per hour for a face to face meeting . We sent our response to them 8 July not had anything back yet , any thoughts on which way this is going .

Dr_Crypto

Who witnessed the new will? You said medical staff - doctors? If so there will be no real issues with capacity since they can state they felt your uncle did have capacity and they’re more likely to be experienced in assessing it than a solicitor. 

Those costs seem very steep. 

jasdog

His capacity is not in question his many medical records make that very clear . He had a very good relationship with the medical staff the ward manager arranged for 2 witnesses a SRN and Physiotherapist he was in good spirits sat in a chair when he signed the new Will followed by the 2 witnesses in the presence of the ward manager . The cost are for about 9 hrs work to date at £220 + vat per hr . It is a large estate that is why the charities are contesting it . But at the end of the day it was an arrangement between 2 family members who had a close relationship .

Dr_Crypto

£220ph is reasonable. How much is the barrister charging for the conference? 

It must be a sizeable estate. Charities can be quite nasty. With professional witnesses and the ward sister as well hopefully you’ll be on solid ground. 

Flugelhorn

Dr_Crypto said:

Who witnessed the new will? You said medical staff - doctors? If so there will be no real issues with capacity since they can state they felt your uncle did have capacity and they’re more likely to be experienced in assessing it than a solicitor. 

Those costs seem very steep. 

all that is asked is that the witnesses sign to say that they have seen the person sign the will, they are not giving an opinion on whether the person has capacity

jasdog

Dr_Crypto said:

£220ph is reasonable. How much is the barrister charging for the conference? 

It must be a sizeable estate. Charities can be quite nasty. With professional witnesses and the ward sister as well hopefully you’ll be on solid ground. 

 Barrister £1650 per hour makes the solicitor look like good value.

Pollycat

jasdog said:

Update to Hospital Will post 20/06/20 . I responded to L v N request through my solicitor Sept 2020 the solicitors challenging the will on behalf of 7 charities did respond Jan 2021 claiming Lack of Knowledge and  Approval also suspicious circumstances . My response to the L v N request was done over the phone answering the questions on spot so was not ideal. I have since provided my uncles medical records and written statements from wife and i explaining my life long relationship with my uncle . The charities solicitors produced a typed attendance note from my uncles solicitor who attended my uncle in hospital with the brief to change or produce a new Will to make me executer and residue beneficiary. The solicitor claimed he was there 30 minutes but was only there a maximum of 10 minutes, he also said my uncle spoke clearly to him and went into great detail regarding his wishes which our solicitor said would have been impossible in 30 minutes let alone the 10 he was actually there. He also said there were 5 charities when there were 7 .My uncle was in the last stages of throat cancer his medical records clearly state he his very difficult to understand you must listen very carfully can write down his wishes and mouth words . The visiting solicitor makes no mention of my uncles condition or ability to communicate . My solicitor suggests the attendance notes were typed up long after the solicitors visit and for purpose of challenging the Will a request for his hand written signed notes has been made . My uncle signed my notes prior to draughting a new Will .     At a ongoing cost £2000 so far i have been to a 2 hour face to face meeting with our solicitor who advised a meeting with a Barrister depending on the response from the charities solicitors £1650 per hour for a face to face meeting . We sent our response to them 8 July not had anything back yet , any thoughts on which way this is going .

Re the bit in bold:
If that is the case why didn't the solicitor draft the new will?

This is totally different to what you said in your first post:

jasdog said:

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 agreed to me getting a new diy Will to include 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.

HampshireH

Pollycat said:

jasdog said:

Update to Hospital Will post 20/06/20 . I responded to L v N request through my solicitor Sept 2020 the solicitors challenging the will on behalf of 7 charities did respond Jan 2021 claiming Lack of Knowledge and  Approval also suspicious circumstances . My response to the L v N request was done over the phone answering the questions on spot so was not ideal. I have since provided my uncles medical records and written statements from wife and i explaining my life long relationship with my uncle . The charities solicitors produced a typed attendance note from my uncles solicitor who attended my uncle in hospital with the brief to change or produce a new Will to make me executer and residue beneficiary. The solicitor claimed he was there 30 minutes but was only there a maximum of 10 minutes, he also said my uncle spoke clearly to him and went into great detail regarding his wishes which our solicitor said would have been impossible in 30 minutes let alone the 10 he was actually there. He also said there were 5 charities when there were 7 .My uncle was in the last stages of throat cancer his medical records clearly state he his very difficult to understand you must listen very carfully can write down his wishes and mouth words . The visiting solicitor makes no mention of my uncles condition or ability to communicate . My solicitor suggests the attendance notes were typed up long after the solicitors visit and for purpose of challenging the Will a request for his hand written signed notes has been made . My uncle signed my notes prior to draughting a new Will .     At a ongoing cost £2000 so far i have been to a 2 hour face to face meeting with our solicitor who advised a meeting with a Barrister depending on the response from the charities solicitors £1650 per hour for a face to face meeting . We sent our response to them 8 July not had anything back yet , any thoughts on which way this is going .

Re the bit in bold:
If that is the case why didn't the solicitor draft the new will?

This is totally different to what you said in your first post:

jasdog said:

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 agreed to me getting a new diy Will to include 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.

I got the impression that was the point the OP is making. Implying that the solicitor has falsified their notes at a later date to favour the charity's agenda.

OP if this is indeed the case, when you complained to the solicitord firm what was the outcome of their investigation?