Contesting a Will as Next-of-Kin

RomfordNavy

Having managed to get some legal advice the situation is as follows:

We can arrange a basic funeral/cremation, the deceased made it clear that they wanted a Simplicity/Dignity type cremation, the cost of which would most likely eventually be repaid from the Estate.  However no provision exists for any sort of Wake or gathering of the deceased many friends and considering the aggressive/predatory nature of some of the charities involved it is considered unlikely that cost of this could ever be recovered.

Aside from Contesting the Will the only way around this would be for the family to apply for Letters of Administration which it appears they can possibly do even though they are not beneficiaries.  This means they could deal with the Estate and the Deceased’s affairs just as if they were executors and “as they in their discretion think fit”.  This would allow a Wake/gathering to be arranged for the deceased’s friends.  So far so good, however can I afford to do so? I would then be responsible for selling any valuable possessions, clearing the house and winding-up the Estate.  Considering I live around two-and-a-half hours away from the deceased’s residence this is not going to be easy.  I then have to consider that every time I visit the deceased house is another day away from work that I am not getting paid for.  On one hand I would really like to ensure the deceased gets the send-off they deserve but just not sure how I can afford this much loss of wages.

poppystar

And you would be doing all that with the charities breathing down your neck once they are aware they are beneficiaries!

Currently you say you and the family can’t afford the wake the deceased would have wanted so what do you have to lose by making the charities aware of their bequests, letting them become executors and asking politely if they will allow a wake to be paid for? 

It sounds like the original thinking behind your post of wanting to challenge the will has been taken off the cards. Let the charities do their thing now. Step back and remember the deceased away from the stress of executing an estate you will not benefit from.

Many of us were unable to have wakes for our loved ones due to Covid restrictions and have had to say goodbye in our own ways. I would guess many of his friends are used to this by now so will understand or get together in their own groups to celebrate his life. 

You could also ask whichever charity takes on the Executorship if you could have some sentimental family things if you would like that. Assuming these are not of great value I’m sure they would oblige (be charitable!).

Mojisola

RomfordNavy said:

However no provision exists for any sort of Wake or gathering of the deceased many friends

If the friends really want to get together, it doesn't have to cost the estate anything.  Let people know that the family members will be at a reasonably big pub between the hours of X and Y and let people drop in and buy their own food and drink.

If you choose an otherwise quiet time, the pub will benefit from the extra sales.

elsien

Mojisola said:

RomfordNavy said:

However no provision exists for any sort of Wake or gathering of the deceased many friends

If the friends really want to get together, it doesn't have to cost the estate anything.  Let people know that the family members will be at a reasonably big pub between the hours of X and Y and let people drop in and buy their own food and drink.

If you choose an otherwise quiet time, the pub will benefit from the extra sales.

This.
Wakes are for getting together to remember the person. Anything else is incidental. And if someone doesn’t want to fork out for their own drink, they weren’t much of a friend anyway. 

RomfordNavy

TheInheritanceProblemSolver said:

An enquiry, known as a “Larke v Nugus request” should be made to investigate the production of the Will.

And how to proceed when the Will writing Solicitor refuses the Larke vs Nugus request on the basis that the deceased family (next-of-kin) are not the deceased's Personal Representatives?  They suggest that the Residuary Beneficiary/ies named in the Will are the only Personal Representatives.

Thrugelmir

When did your relative pass away? Must have been over 2 weeks ago now. When is somebody going to take responsibility for his burial. Sad state affairs that it appears to be the least of any family members concerns. 

elsien

RomfordNavy said:

TheInheritanceProblemSolver said:

An enquiry, known as a “Larke v Nugus request” should be made to investigate the production of the Will.

And how to proceed when the Will writing Solicitor refuses the Larke vs Nugus request on the basis that the deceased family (next-of-kin) are not the deceased's Personal Representatives?  They suggest that the Residuary Beneficiary/ies named in the Will are the only Personal Representatives.

By letting the charities know about the bequest and letting them get on with it? 

Alternatively apply for the letters of administration and let the relevant government department decide. Is not Larke vs Nugus about contesting a will, not about administering it? I think you’re getting your requests mixed up. 

Manxman_in_exile

RomfordNavy said:

TheInheritanceProblemSolver said:

An enquiry, known as a “Larke v Nugus request” should be made to investigate the production of the Will.

And how to proceed when the Will writing Solicitor refuses the Larke vs Nugus request on the basis that the deceased family (next-of-kin) are not the deceased's Personal Representatives?  They suggest that the Residuary Beneficiary/ies named in the Will are the only Personal Representatives.

Have you still not told the beneficiaries???????

EDIT:  Sorry - what is the relevance of the deceased's family not being Personal Reps in respect of a Larke v Nugus letter?  Surely anybody (usually somebody left out of a will who expected to be in it) can ask?  I don't understand what you mean...

And for God's sake stop mentioning "next of kin"!!!!  That you keep doing so tends to suggest you do not understand what you are being told.

Robert_McGeddon

RomfordNavy said:

TheInheritanceProblemSolver said:

An enquiry, known as a “Larke v Nugus request” should be made to investigate the production of the Will.

And how to proceed when the Will writing Solicitor refuses the Larke vs Nugus request on the basis that the deceased family (next-of-kin) are not the deceased's Personal Representatives?  They suggest that the Residuary Beneficiary/ies named in the Will are the only Personal Representatives.

When you sought legal advice did you ask about making a Larke v Nugus request? This really should come from a solicitor, not Joe Public.

It is somewhat threatening to the receiving solicitor. It is basically implying he didn't carry out his professional duties correctly. He is bound to be very defensive. Uphill slog comes to mind . . . .  .

If the will-writing solicitor was completely independant of the charities that became beneficiaries and prepared the will in the presence of an assistant who also listened to the deceased's instructions then on the face of it the Will reflects the wishes of the deceased and should be processed as-is.

I asked in an earlier post if the solicitor was appointed by the relative without any input/suggestion from the nurses/charities. If you replied I missed it. If the nurses etc suggested the solicitor and/or he had done much work for the charities before then, there may have been a conflict of interest such that he should have declined to make the Will in the first place. The Will *may* then be invalid (but still hard and expensive to prove).  An unlikely scenario, but I offer it anyway.

Robin9

I may have missed it but what sort of money might we be thinking about - £10k, £100k ..............