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Contesting a Will as Next-of-Kin

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  • RomfordNavy
    RomfordNavy Posts: 792 Forumite
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    edited 20 August 2021 at 3:45PM
    74jax said:

    Informing beneficiaries is not intermedling.  Just tell them.  
    Well the Solicitors I have spoken to suggest it is, perhaps you know better.  Remember I am not supposed to have even seen this Will.
    Stop keep repeating the same thing without considering the implications.  I am not going to risk prosecution when I am not even a beneficiary.
    If the deceased's family decide they want to contest the Will for whatever reason the advice they have received is that it is preferrable for them to do so before Probate has been applied for.  I am not going to go against the wishes of the family.  They will not know if they wish to contest or not until after they have the results of the Larke vs Nugus request.

  • As a result of the Tell-us-once procedure I have just received a cheque for refund of car tax, however it is in my name not the name of the deceased.  If I pay that into my bank to keep it safe would that count as intermeddling?
  • 74jax
    74jax Posts: 7,930 Forumite
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    Informing beneficiaries is not intermedling. Just tell them.

    Well the Solicitors I have spoken to suggest it is, perhaps you know better. 



    I suggest you speak to other solicitors.  If you are worried, inform the beneficiaries anonymously.  

     
    Forty and fabulous, well that's what my cards say....
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 20 August 2021 at 3:51PM
    74jax said:

    Informing beneficiaries is not intermedling.  Just tell them.  
    Well the Solicitors I have spoken to suggest it is, perhaps you know better.  Remember I am not supposed to have even seen this Will.


    Which doesn't bode well for any action you may pursue. 
  • Gers
    Gers Posts: 13,242 Forumite
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    edited 20 August 2021 at 3:54PM
    As a result of the Tell-us-once procedure I have just received a cheque for refund of car tax, however it is in my name not the name of the deceased.  If I pay that into my bank to keep it safe would that count as intermeddling?


    according to this this - yes. it would count as intermeddling - unless you the Executor?



  • Which doesn't bode well for any action you may pursue. 
    Or don't pursue as the case may be.  I don't want to do anything illegal which by the looks of it means there is nothing I can do.  Not even pay in the car tax refund!

  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    Which doesn't bode well for any action you may pursue. 
     Not even pay in the car tax refund!

    Presumably you claimed the refund in your name (somehow?).  

  • Presumably you claimed the refund in your name (somehow?).  
    No just did the simple Tell-us-once system, there are no options as far as I remember.  This is just the default behaviour of the system.  It looks like the system is actually designed to encourage the family member notifying the death to intermeddle in the estate.
    Some other cheques have turned-up in the deceased name and I have just paid them into the deceased bank account, I now wonder if that counted as intermeddleing.
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    edited 20 August 2021 at 5:06PM

    Presumably you claimed the refund in your name (somehow?).  
    No just did the simple Tell-us-once system, there are no options as far as I remember.  This is just the default behaviour of the system.  It looks like the system is actually designed to encourage the family member notifying the death to intermeddle in the estate.
    Some other cheques have turned-up in the deceased name and I have just paid them into the deceased bank account, I now wonder if that counted as intermeddleing.
    Why are you receiving the cheques?  Why are you notifying of the death and handling the deceased's affairs?  


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