Is this will valid

youyangs

A crucial part of the whole situation is that the deceased's child has written records of the delusions of the testatrix and also messages from the beneficiary, being nasty about and lacking real friendship for the testatrix. Also the main beneficiary attempted to hide the true nature of her relationship with the will writer, which was only discovered by sheer chance.

The main beneficiary isn't a relative by the way. They are a long-lost friend (40 years).

What to do next? A court case costs a fortune. Even getting to mediation costs thousands. To prevent lining pockets who don't need cash, the best prospect is a negotiated settlement. Time is a factor though. Probate may be granted and no caveat is in place. If a caveat is placed and warned and then an appearance made, then only a court can remove the caveat - hence costs. I'm assuming if a caveat which has merit is warned, then there could be cot implications for the party that "warned"?

YBR

From what you've said, there may be grounds to challenge the will either on grounds of capacity, or of undue influence. Nobody can just say the will is invalid so you'll need to consult a legal professional and line up firm evidence following their advice.

Do get an idea of what it would cost, and what it's worth to you both financially and emotionally. This is why I say that:
My late father's cousins went to court over their mother's will - Sister1 received the majority of the estate (possibly in consideration of being unmarried and an unpaid carer for mother); Sister2 was married to a wealthy professional but thought it should have been split 50/50 and accused Sister1 of undue influence. Between them they wasted most of the Estate in legal fees over many years. Nobody "won", even the solicitors were completely exasperated with how they fought over the most worthless things.

Sarahspangles

youyangs said:

The main beneficiary isn't a relative by the way. They are a long-lost friend (40 years).

best prospect is a negotiated settlement.

I was assuming this is your relative.  How are you going to negotiate on a settlement without raising a caveat, or threatening one?

youyangs

p00hsticks said:

youyangs said:

 Also documented evidence of "crying every day" and not wanting to live any longer, so they could be reunited.

In my experience, that's just a normal stage of grieving - it's not any indication of loss of mental capacity.

Five years after the death?

youyangs

Sarahspangles said:

youyangs said:

The main beneficiary isn't a relative by the way. They are a long-lost friend (40 years).

best prospect is a negotiated settlement.

I was assuming this is your relative.  How are you going to negotiate on a settlement without raising a caveat, or threatening one?

It would be hoped that all sides would like to avoid huge costs, at the risk of "losing" and gaining very little. A negotiated settlement avoids the risk of "wasting" the estate in legal fees. A caveat, warned and "appeared" turns the situation contentious by default and brings the court into play. 

Sarahspangles

youyangs said:

Sarahspangles said:

youyangs said:

The main beneficiary isn't a relative by the way. They are a long-lost friend (40 years).

best prospect is a negotiated settlement.

I was assuming this is your relative.  How are you going to negotiate on a settlement without raising a caveat, or threatening one?

It would be hoped that all sides would like to avoid huge costs, at the risk of "losing" and gaining very little. A negotiated settlement avoids the risk of "wasting" the estate in legal fees. A caveat, warned and "appeared" turns the situation contentious by default and brings the court into play. 

Yes it would be hoped, but right now the chess board is set up and someone needs to make a move, or it’s all hypothetical.  What advice have you had about alternatives to a caveat?

youyangs

All advice points toward a caveat. I'm not sure there is an alternative to be honest. But it risks huge costs.

Sarahspangles

youyangs said:

All advice points toward a caveat. I'm not sure there is an alternative to be honest. But it risks huge costs.

It does.  Courts are interested in evidence not supposition.  If there isn’t a way to withdraw with limited cost exposure if your case isn’t looking as strong as you thought, then maybe it’s not worth the risk.  The point YBR is making above is spot on and I’d add if you do withdraw, you also have to let it go.  

youyangs

Good advice.

The "other side" have agreed to discuss a settlement, but that may be a delaying tactic. Also the will writer has mentioned that they are having some issues and discussions with their indemnity insurer, over the situation.

So there is hope of limited costs.

There is also evidence of delusions and complex grief, but I can't go into details.

Sarahspangles

Have they applied for probate?  I’m puzzled how the will writer has indemnity insurance if they’re not a solicitor.