Is this will valid

youyangs

Sarahspangles said:

youyangs said:

Do you think I have a good point with the lack of two independent witnesses?

I don’t know - I’m not a lawyer.  It doesn’t feel like it’s your core issue, which is lack of capacity/undue influence.  If the relative had capacity, it’s irrelevant that she used that capacity to make a poor choice of Will writer, executor and beneficiary.

That's a good point.

Which is why I'm wondering if there is a technical or moral issue with the will execution. There is suspicion that I'm sure a court would be interested in.

Capacity is a high bar in a will contest. I've got a lot of evidence concerning that, but the executors having said yes originally to accessing medical records, are now ignoring reminders completely. They even talk about other things, but when questioned about medical records, they just remain silent.

I've also been told that there is interest in increasing my share. No numbers and actual meetings and discussions are put off with excuses about ill-health.

I'm being "strung long" aren't I...

youyangs

Sarahspangles said:

Sea_Shell said:

How deep are your pockets?      

When things "go legal", they tend to also "go expensive".  
    

Seconded - it’s best not to go into a solicitor’s office with your relevant information all jumbled up with a lot of supposition and arguments you’ve constructed from internet research.  You can probably state the issue in a couple of sentences.  I’d write those down on a sheet of A4 with the names of the parties to help the solicitor ask their questions.  They’ll soon establish if you’ve got enough to build a case on.

Yes I wouldn't go to a solicitor with anything other than a concise document about what is relevant.

But I need more detail and research for a negotiation, because that is effectively an attempt to reach a settlement without involving a solicitor. So you've doing the research that a solicitor would do, to show "the other side" the strengths of your case and why negotiation is a favourable option for them. 

Sarahspangles

youyangs said:

Which is why I'm wondering if there is a technical or moral issue with the will execution. There is suspicion that I'm sure a court would be interested in.

No, Courts don’t work like that.  All that matters is facts.  If you can evidence that the relative lacked capacity, irregularity in the way the Will was made is irrelevant.

Have you checked if probate has been granted?  It’s published online with a couple of days.

youyangs

Yes I check every day and there is no grant yet.

I must be mistaken then.

I thought courts could consider will execution and that suspicious circumstances could be presented in cases where there is a question about mental capacity.

With suspicion, the burden of proof about mental capacity would fall on the propounder of the will.
 

Sarahspangles

youyangs said:

Yes I check every day and there is no grant yet.

I must be mistaken then.

I thought courts could consider will execution and that suspicious circumstances could be presented in cases where there is a question about mental capacity.

With suspicion, the burden of proof about mental capacity would fall on the propounder of the will.
 

But you don’t want to go to Court?  Nor have you raised a caveat which could compel the executor and beneficiary to conclude the settlement.  You’re stuck in the ‘do I have a case’ loop but you’re ask the wrong people…..

bobster2

youyangs said:

Will try to be brief as possible.

- Main beneficiary had been absent from testatrix's life for 40 years. Returned a few months after death of testatrix's husband and first ever will written a year later (2019).
- Will drafter referred to testatrix by main beneficiary

Just to put this another way - after a period of absence - main beneficiary has been in testatrix's life since 2018 (e.g. perhaps providing support following the death of testatrix's husband??)

Sounds a bit different phrased like that doesn't it?

bobster2

youyangs said:

jimbo6977 said:

Likely it's valid until a court says otherwise, but getting to that point will be difficult and expensive. 
Who is the other witness to the will?

The other witness was an 82 year old neighbour.

And you now want to question the validity of this based on neighbours age???

youyangs

bobster2 said:

youyangs said:

Will try to be brief as possible.

- Main beneficiary had been absent from testatrix's life for 40 years. Returned a few months after death of testatrix's husband and first ever will written a year later (2019).
- Will drafter referred to testatrix by main beneficiary

Just to put this another way - after a period of absence - main beneficiary has been in testatrix's life since 2018 (e.g. perhaps providing support following the death of testatrix's husband??)

Sounds a bit different phrased like that doesn't it?

Yes it can sound different either way really.

youyangs

bobster2 said:

youyangs said:

Will try to be brief as possible.

- Main beneficiary had been absent from testatrix's life for 40 years. Returned a few months after death of testatrix's husband and first ever will written a year later (2019).
- Will drafter referred to testatrix by main beneficiary

Just to put this another way - after a period of absence - main beneficiary has been in testatrix's life since 2018 (e.g. perhaps providing support following the death of testatrix's husband??)

Sounds a bit different phrased like that doesn't it?

Yes it can sound different either way really.

youyangs

bobster2 said:

youyangs said:

jimbo6977 said:

Likely it's valid until a court says otherwise, but getting to that point will be difficult and expensive. 
Who is the other witness to the will?

The other witness was an 82 year old neighbour.

And you now want to question the validity of this based on neighbours age???

No I'm not questioning that validity of the will, because of the neighbours age.
Someone asked me about the other witness.