Is a Larke vs Nugus worth the £1500 + VAT if not contesting the contents of the will??

Zimara25

Sarahspangles said:

Zimara25 said:

It is enough to dispute the will but I don't want to as firstly it wouldn't sit right with me and secondly I don't have the fund for a potential legal claim. Aside from the house my husband had £8k in cash and it cost £4k for the funeral.

Did he contribute to a pension with death or survivor benefits or have any insurances?

Yes, he had three pensions but he didn't name any beneficiaries. Simon's solicitor wrote to the pension companies asking them "not to pay the wife". So this I am disputing as I have no other means to support the children aside from now 1/2 my salary as I am now the 14yr olds main carer (he has extra needs).
The trustees of one pension was going to pay the executors, who were going to put in trust for the until they are 25. The other have yet to respond to my solicitor.
We had a joint life insurance policy which paid out to myself, which paid of the mortgage.

Sarahspangles

Maybe you are best just facing this when your children are older. And although I’m sure it’s all too raw to contemplate now, maybe you will meet someone else by then.

Replying to my own comment, oops. What I mean is that as you’re still a young woman, and had separated before his illness, presumably you were both ‘moving on’. So in a few years time you could very well be in a couple, with a couple’s resources. Maybe you’ll buy a home jointly with a new partner.

I’m divorced, and the ‘single parent’ years were certainly a slog, until I met OH. When he grumbles that he ‘gave’ £x to his ex-wife, I point out it was hers all along, and I’ve brought £x+ so he’s in a similar position financially, and I can cook!

RAS

Sarahspangles said:

Maybe you are best just facing this when your children are older. And although I’m sure it’s all too raw to contemplate now, maybe you will meet someone else by then.

I believe claims within the Inheritance Act have to be made very promptly after probate is granted.

Note this covers ex-spouses who have not remarried as well as spouses.

AND if you had divorced, with a child with special needs, you would have almost certainly received substantially more half the house as part of the financial settlement plus child support for the next 4 years. 

Zimara25

Sarahspangles said:

Maybe you are best just facing this when your children are older. And although I’m sure it’s all too raw to contemplate now, maybe you will meet someone else by then.

Replying to my own comment, oops. What I mean is that as you’re still a young woman, and had separated before his illness, presumably you were both ‘moving on’. So in a few years time you could very well be in a couple, with a couple’s resources. Maybe you’ll buy a home jointly with a new partner.

I’m divorced, and the ‘single parent’ years were certainly a slog, until I met OH. When he grumbles that he ‘gave’ £x to his ex-wife, I point out it was hers all along, and I’ve brought £x+ so he’s in a similar position financially, and I can cook!

We seperated in 2019 but he moved back into the family home in 2021 following his diagnosis, where i supported him through his illness. So not much time to enjoy being single.
I don't wish to change my husbands wishes, just delay them.

Sarahspangles

Zimara25 said:

I don't wish to change my husbands wishes, just delay them.

Did the solicitor explain where they ‘were going’ with the letter - are they exploring whether the Will should be set aside? Or hoping to use weaknesses as a bargaining chip in a negotiation with the executors?

Spendless

Zimara25 said:

Sarahspangles said:

Zimara25 said:

It is enough to dispute the will but I don't want to as firstly it wouldn't sit right with me and secondly I don't have the fund for a potential legal claim. Aside from the house my husband had £8k in cash and it cost £4k for the funeral.

Did he contribute to a pension with death or survivor benefits or have any insurances?

Yes, he had three pensions but he didn't name any beneficiaries. Simon's solicitor wrote to the pension companies asking them "not to pay the wife". So this I am disputing as I have no other means to support the children aside from now 1/2 my salary as I am now the 14yr olds main carer (he has extra needs).
The trustees of one pension was going to pay the executors, who were going to put in trust for the until they are 25. The other have yet to respond to my solicitor.
We had a joint life insurance policy which paid out to myself, which paid of the mortgage.

Are these additional needs likely to affect him in adult life? Are they severe enough to mean he won't be able to be independent? If so then there's another potential issue if he's assessed  as owning 25% of a property then this may affect any benefits he would otherwise be entitled to.  

Spendless

Zimara25 said:

Spendless said:

Zimara25 said:

Hi All,

I have instructed a solicitor with regards to my late husbands will. He didn't have a previous will and made his will 4 day before he passed of stomach cancer. The executors refused to send me a copy of the will so my solicitor sent them a letter and we received the will. My husband left everything to our two children for reason which i understand but we owned a property together (tenancy in common). The children's 50% is to go a trust fund set up for when they reach 25 years of age. I would like to apply for a life interest in the asset as one of the executors suggested that when they do reach 25 years i would need to mortgage to give them the money.
My solicitor has requested the will notes from my husbands solicitor but have refused and have suggested sending them a Larke and Nugus letter for £1500. 

Given i don't wish to contest the wishes of the will i do want peace of mind that I won't have to mortgage at the age of 55 in 7 years time, i just want peace of mind that i can stay in the family home with no potential awkward conversations with my kids later (not that i think they would)??

Thank you in advance.

What are will notes?

I'm not a legal professional but my understanding of will notes as per google is:

What does a Larke v Nugus request include?

• A copy of the solicitors Will file including documents such as attendance notes with the testator and details of who made the appointments.
• A number of questions regarding the initial appointments, how instructions were given and how the testator executed the Will, whether it be at home or in the solicitor’s office.
• Detail as to whether anyone else was in attendance with the testator when each step was undertaken.

My husbands solicitor has refused mine a copy of the will file as it is privileged information. More legal action, hence more cost...

Are the children allowed to see them?  Why are they needed?   

BooJewels

My own thought was that the solicitors want to establish if the deceased was competent to make such a will and what steps were taken to ensure his fitness to do so.   And whether pressure was brought to bear to take the course of action he did and did he fully understand the implications of what he was putting in place.  Details of the discussion and efforts to ascertain his fitness would be in the notes. 

Sorry to sound brutal, but having nursed my own husband to his death at home from cancer, he wouldn't have been fit to write a shopping list 4 weeks before his death, let alone 4 days.   He was largely unconscious for the last 10 days.  Whilst I fully appreciate that every case is different, presumably the solicitors want to satisfy themselves as to just what happened around that time and how sound the will really is.

RAS

I think your elder child needs to go, independently, to see a lawyer on their own to understand the implications of their father's will.

First he might find it useful to ask the executors for details of the trust, as there are major implications for his life over the next 5-10 years. He needs to know if it is a bare trust or a discretionary trust.

If is is a bare trust, then the executors have to give him his share now, if he asks for it.

There are major costs in running a discretionary trusts, so please can the executors detail how they expect these to be funded? As it will affect how much he eventually inherits. If he can find a good link or leaflet on the management of disrectionary costs, include that.

And any trust that prevents him accessing his father's money over the next five years will limit his choices given the lack of support and finances at a vital stage in his life resulting from that decision.

I might add also tying him to the family home when he might want to fly elsewhere, unless he fancies a large CGT bill.

:

Zimara25

BooJewels said:

My own thought was that the solicitors want to establish if the deceased was competent to make such a will and what steps were taken to ensure his fitness to do so.   And whether pressure was brought to bear to take the course of action he did and did he fully understand the implications of what he was putting in place.  Details of the discussion and efforts to ascertain his fitness would be in the notes. 

Sorry to sound brutal, but having nursed my own husband to his death at home from cancer, he wouldn't have been fit to write a shopping list 4 weeks before his death, let alone 4 days.   He was largely unconscious for the last 10 days.  Whilst I fully appreciate that every case is different, presumably the solicitors want to satisfy themselves as to just what happened around that time and how sound the will really is.

Many thanks, this is certainly very helpful and allows me see things from the solicitors perspective. I can be quiet distrusting at times!
The solicitor was a witness to the will so I have to assume it's all above board.