Contesting a Will as Next-of-Kin

RomfordNavy

Manxman_in_exile said:

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...

My thoughts precisely, I suggest that is just delaying tactics by the Will writing Solicitor.

Thrugelmir

RomfordNavy said:

Manxman_in_exile said:

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...

My thoughts precisely, I suggest that is just delaying tactics by the Will writing Solicitor.

That viewpoint comes as no surprise. At the moment there appears to be little more than heresay and conspiracy theories. 

Manxman_in_exile

RomfordNavy said:

Manxman_in_exile said:

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...

My thoughts precisely, I suggest that is just delaying tactics by the Will writing Solicitor.

Sorry - I don't know if english is your first language or not, but could you try to be a bit clearer in your posts and not talk so indirectly?  It's sometimes very difficult to understand exactly what you mean which is why you get asked so many questions for clarification.

Are you saying that you (and/or other members of the deceased's family) have actually made a Larke -v- Nugus request of the solicitor who drew up your cousin's last will, and that that solicitor has basically replied "None of your business as you are not the deceased's Personal Representatives"?  Is that what you mean, or are you simply hypothesising as to what the solicitor would say if you sent a Larke -v- Nugus letter?



For example, you posted earlier:  "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"  

That is posed in the form of a "what if... ?" question rather than the clearer and more direct "We've made a Larke -v- Nugus request of the solicitor but they have said they will not deal with us because we are not the decesaed's PRs. What should we do?". Or, alternatively, "We are considering making a Larke -v- Nugus request of my cousin's solicitor, but what should we do if he won't deal with us because we are not my cousin's PRs?"

Believe me it would make things a lot clearer and you'd be more likely to get helpful advice from other posters here.  If English is not your first language just stop and re-read what you are going to post before posting it, and ask yourself "Have I made myself clear?  Will somebody else understand what I'm asking?"

Has your cousin been buried yet?

RomfordNavy

poppystar said:

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? 
...

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!).

Legal advise suggests that certain of these charities have very agressive solicitors and have a reputation for not being very humane or charitable so it is considered unlikely that they would pay for a Wake.  If we wait until they have all argued amoung themselves around who is going to be the Administrator and for the Probate office to agree that it could be many months before the deceased gets a funeral.

As the deceased family we are not supposed to have even looked at the Will.  The renouncing Executors will have notified the Probate Office, in time the Probate Office will contact the Beneficiaries.  If I do anything that the executors are normally responsible for like notifying the beneficiaries that would be 'intermeddleing' in the deceased estate for which I could be prosecuted.  The only things I am allowed to do are those that are considered necessary or time-critical such as notyfiing the banks so as to stop outgoing payments.

RomfordNavy

Robin9 said:

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

Say £200k - £250k.

Robin9

For goodness sake club together and give the man a funeral -  forget about the will, inheritances, solicitors - ring up a Funeral Director and get a price for a budget cremation.

Mojisola

RomfordNavy said:

Legal advise suggests that certain of these charities have very agressive solicitors and have a reputation for not being very humane or charitable so it is considered unlikely that they would pay for a Wake.  If we wait until they have all argued amoung themselves around who is going to be the Administrator and for the Probate office to agree that it could be many months before the deceased gets a funeral.

If your relative had wanted his estate to pay for a wake, provision could have been made in the will.

The funeral and the wake are two different things - don't put the blame on the beneficiaries of the will for the family not organising a funeral.

elsien

RomfordNavy said:

poppystar said:

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? 
...

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!).

Legal advise suggests that certain of these charities have very agressive solicitors and have a reputation for not being very humane or charitable so it is considered unlikely that they would pay for a Wake.  If we wait until they have all argued amoung themselves around who is going to be the Administrator and for the Probate office to agree that it could be many months before the deceased gets a funeral.

As the deceased family we are not supposed to have even looked at the Will.  The renouncing Executors will have notified the Probate Office, in time the Probate Office will contact the Beneficiaries.  If I do anything that the executors are normally responsible for like notifying the beneficiaries that would be 'intermeddleing' in the deceased estate for which I could be prosecuted.  The only things I am allowed to do are those that are considered necessary or time-critical such as notyfiing the banks so as to stop outgoing payments.

You don't need them to pay for a blasted wake, as already pointed out. All you need are friends and a venue. 

You  need them to pay for the funeral which should not be an issue.  There is no reason at all, apart from all the faffing around from the relatives, that a funeral can't be arranged as soon as the beneficiaries are made aware of the situation and letters applied for. Is there a  reason the solicitor can't inform them? Although the chances of you being prosecuted for informing a potential beneficiary are miniscule anyway. 
Any current  delays would predominantly appear to be of your own making. 

Manxman_in_exile

Robin9 said:

For goodness sake club together and give the man a funeral -  forget about the will, inheritances, solicitors - ring up a Funeral Director and get a price for a budget cremation.

Mojisola said:

RomfordNavy said:

Legal advise suggests that certain of these charities have very agressive solicitors and have a reputation for not being very humane or charitable so it is considered unlikely that they would pay for a Wake.  If we wait until they have all argued amoung themselves around who is going to be the Administrator and for the Probate office to agree that it could be many months before the deceased gets a funeral.

If your relative had wanted his estate to pay for a wake, provision could have been made in the will.

The funeral and the wake are two different things - don't put the blame on the beneficiaries of the will for the family not organising a funeral.

elsien said:

RomfordNavy said:

poppystar said:

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? 
...

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!).

Legal advise suggests that certain of these charities have very agressive solicitors and have a reputation for not being very humane or charitable so it is considered unlikely that they would pay for a Wake.  If we wait until they have all argued amoung themselves around who is going to be the Administrator and for the Probate office to agree that it could be many months before the deceased gets a funeral.

As the deceased family we are not supposed to have even looked at the Will.  The renouncing Executors will have notified the Probate Office, in time the Probate Office will contact the Beneficiaries.  If I do anything that the executors are normally responsible for like notifying the beneficiaries that would be 'intermeddleing' in the deceased estate for which I could be prosecuted.  The only things I am allowed to do are those that are considered necessary or time-critical such as notyfiing the banks so as to stop outgoing payments.

You don't need them to pay for a blasted wake, as already pointed out. All you need are friends and a venue. 

You  need them to pay for the funeral which should not be an issue.  There is no reason at all, apart from all the faffing around from the relatives, that a funeral can't be arranged as soon as the beneficiaries are made aware of the situation and letters applied for. Is there a  reason the solicitor can't inform them? Although the chances of you being prosecuted for informing a potential beneficiary are miniscule anyway. 
Any current  delays would predominantly appear to be of your own making. 

I think I'm starting to see why the cousin might have changed his will...

74jax

We didn't have a funeral for mam due to lockdown 1 and at the time they were not allowed in her LA.

We didn't have a wake prior (I'm Irish so a wake is what we have before - think endless cups of tea and slices of cake in the deceased house...).

We didn't have a gathering afterwards due to lockdown.

We DID get her buried and held a 'service of sorts' on zoom. My brother said an eulogy, we played her favourite hymn and we showed photos of her growing up.

We recorded it and sent the link to everyone we could think of.

A 'gathering' doesn't have to cost anything.  Have the burial bill paid from bank accounts. 

Informing beneficiaries is not intermedling.  Just tell them.