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Contesting a Will as Next-of-Kin

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  • 74jax
    74jax Posts: 7,930 Forumite
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    The close friends were there virtually daily.

    But you said you couldn't visit because of covid?  Do you mean you didn't want to travel to visit? Which is entirely different?

    To contest this Will, you really need to show a timeline so we can help you, as none of this is making sense. 
    Forty and fabulous, well that's what my cards say....
  • maman
    maman Posts: 29,861 Forumite
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    I think it's possible that the deceased may have thought he had to give the name of a family member when asked for NoK at the hospital.  I think hospitals could word this differently like asking' Who would you like us to contact?'. 


  • Manxman_in_exile
    Manxman_in_exile Posts: 8,380 Forumite
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    edited 10 August 2021 at 12:07PM
    maman said:
    I think it's possible that the deceased may have thought he had to give the name of a family member when asked for NoK at the hospital.  I think hospitals could word this differently like asking' Who would you like us to contact?'. 


    Hospitals do do that, but it doesn't explain what has happened here and it isn't relevant to getting the OP's cousin buried.  It makes absolutely no sense whatsoever for the cousin to give the OP's name as their NoK/contact, to 'phone the OP and tell them this, but not to tell them what hospital they are in!

    With everyone (including the friends) seeming to have automatically expected to be "remembered" in the will, and resenting the fact that they haven't been so much that nobody wants to have anything to do with the funeral, I think I'm beginning to see why the cousin has done this.

    With everybody feeling the way they do, somebody needs to inform the charities of the bequests.  I'd also suggest the decent thing to do would be for somebody (relative or friend) to arrange the funeral and hope to be reimbursed from the estate - but that doesn't seem likely to happen.

    EDIT:  Whether the OP or any other relative has a realistic hope of challenging the will I have no idea as the OP has given no reason to believe that any challenge would be successful.  Merely being the deceased's NoK or contact for the hospital is no basis on which to challenge the will.
  • Maybe I've missed it in another reply, but what is the correct thing to do (and who does it) when all the executors renounce and nobody else (family or friends) wants to get involved with the estate?  As, for example, in this case where the beneficiaries are all charities and may not even be aware of the death - or even the bequest.
  • Keep_pedalling
    Keep_pedalling Posts: 21,178 Forumite
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    Maybe I've missed it in another reply, but what is the correct thing to do (and who does it) when all the executors renounce and nobody else (family or friends) wants to get involved with the estate?  As, for example, in this case where the beneficiaries are all charities and may not even be aware of the death - or even the bequest.
    A very unusual situation, but if no one organises it it will fall to the local authority to arrange a simple funeral. They will claim the cost back from the estate. The executors should formally notify the beneficiaries that they have renounced to allow the winding up of the estate to start and to hopefully get the issue of the funeral resolved ASAP.
  • 74jax
    74jax Posts: 7,930 Forumite
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    Maybe I've missed it in another reply, but what is the correct thing to do (and who does it) when all the executors renounce and nobody else (family or friends) wants to get involved with the estate?  As, for example, in this case where the beneficiaries are all charities and may not even be aware of the death - or even the bequest.
    The charities are aware in this instance as they 'coerced' the new Will - apparently - so they will take over.

    Usually, the funeral director will ask for a Will, and contact beneficiaries if executors renounce. They won't hold the body forever.  If no assets it becomes a council burial. 
    Forty and fabulous, well that's what my cards say....
  • Thrugelmir
    Thrugelmir Posts: 89,546 Forumite
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    74jax said:
    Maybe I've missed it in another reply, but what is the correct thing to do (and who does it) when all the executors renounce and nobody else (family or friends) wants to get involved with the estate?  As, for example, in this case where the beneficiaries are all charities and may not even be aware of the death - or even the bequest.
    The charities are aware in this instance as they 'coerced' the new Will - apparently - so they will take over.


    Unlikely the Charities themselves had any involvement. Without charitable donations hospices and other respite centres wouldn't exist. I can understand why somebody with a terminal illness would feel a gratitude towards such an organisation. While being looked after in there. 
  • Keep_pedalling
    Keep_pedalling Posts: 21,178 Forumite
    Tenth Anniversary 10,000 Posts Name Dropper Photogenic
    74jax said:
    Maybe I've missed it in another reply, but what is the correct thing to do (and who does it) when all the executors renounce and nobody else (family or friends) wants to get involved with the estate?  As, for example, in this case where the beneficiaries are all charities and may not even be aware of the death - or even the bequest.
    The charities are aware in this instance as they 'coerced' the new Will - apparently - so they will take over.

    Usually, the funeral director will ask for a Will, and contact beneficiaries if executors renounce. They won't hold the body forever.  If no assets it becomes a council burial. 
    I doubt it very much, even if they were made aware of benign the beneficiaries they  will not be aware that the executors have renounced.
  • thegreenone
    thegreenone Posts: 1,190 Forumite
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    OP, who witnessed the signing of the new Will, please?  I would be very surprised if hospital staff are permitted to do that and as  far as I am aware, Hospice staff are not allowed to do so either.  Cousin's GP should have visited and made an assessment first.

    Also, as someone pointed out earlier, why would your cousin make a hospice a beneficiary when he hadn't even been there?
      
    No use to OP now but you can contact a Primary Care Trust to pass on concerns to GPs/hospitals. They are listed on the internet and hopefully you can find a relative that way.  I did this when I was very concerned about my late brother's mental health issues.  They were very helpful.
  • Robin9
    Robin9 Posts: 12,837 Forumite
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    I may have missed it somewhere - but how did you get to know of the death?  I would presume a phone call from the hospital and they would have asked which Funeral Director they should contact (he would need a Death Cert from the hospital)
    Never pay on an estimated bill. Always read and understand your bill
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