2 years since death of both parents and wills have not even been submitted for probate = Despair !

Flugelhorn

@Sea_Shell OP hasn't stated  but I can imagine it was something like this - hopefully @happyhelston will clarify 

GrumpyDil

50k not to get to a resolution sounds extortionate. I had a similar case around 10 years ago where I had to self fund a case where the other party was covered by insurance and even then we managed to force a settlement just as I was about to start legal proceedings at a cost of 16k.

Hopefully it will all be sorted but the best placed to advise you must be your solicitor. 

happyhelston

Flugelhorn said:

Trying to understand this - was it case of your Dad's will saying "all to mum but if she predeceased him then the 49/49/1/1 split?" 
If so then probate may not have been needed for your Dad as all went to mum

then mum changed her will to 4*25% ? which she is perfectly entitled to do 

Apart from the fact that your Dad's will left everything to mum it is now not relevant - what needs to be sorted is your mum's will and  so long as it is valid everything gets split 4 ways 

what is the disagreement about? 

My sister is claiming coercion and that Mum was not of sound mind - Mum was adamant that my Dad had been cruel and unfair with his will so this was why she changed it - My sister was banking on the 49% I think and so is very unhappy - my brother who has had his share reduced from 49% to 25% is absolutely fine with the decision Mum made

happyhelston

Sea_Shell said:

happyhelston said:

Ill try to condense 2 years+ and open this up for anyone that might have something they can suggest.
Dad died Jun 21 - Mum died Feb 22. They were together 65+ years. Dad left money and property which went to Mum along with beneficiary splits between 4 siblings 49% 49% 1% 1% (I was a 1%).
As Mum lived after Dad she requested a new will. She had one prepared at an even 25% each. She had a 'contest this and get nothing clause'
One of the 49% siblings is not happy with this for so many reasons. Her husband is one of two executors. 

We have spent 2 years back and forth with solicitors and she has finally agreed to mediation in Sept but in the meantime offered me 1% so I dont feel she is serious about mediation.

We feel her husband should have submitted the will of both Dad immediately and Mum later but he hasnt as he is married to her and allowed her time to contact the solicitors. As far as we know there is not a caveat in place.

Our solicitor is keen on mediation - we are keen to get her to stop threatening court and get her to 'put up or shut up' - 

Does anyone have suggestions regarding how we can tackle a) the executor brother in law who is doing nothing b) anyone have any experience of CPR64.2 and how we might do this?

Estate is 600k and we have spent 50k - she has spent goodness knows how much using no win no fee. Anything we can do ourselves I am keen to do.

Thank you so much for reading and anything you can help with - thank you

Sorry if I haven't followed this correctly, but how can anyone know what a 25% share of mums estate amounts to, if Dad's hasn't been administered yet.

Why would a "49%er" be unhappy?

They would get their original 49% of the residuary of Dads estate, PLUS now 25% of Mum's estate.

Are they arguing they should get 49% of everything?!?

Sadly that is exactly what they are arguing - they are wanting to revert back to the original will my Dad made - 

happyhelston

Keep_pedalling said:

The husband of the sibling contesting the will should no longer be able to act in that capacity with his spouse contesting it. You can’t administer an estate and challenge the will at the same time. The same applies if the executor’s spouse is challenging it. 

We have raised this with our solicitor who just says 'we get that but its very expensive' - We were hoping to try and do some of the work ourselves as we are really losing so much more than just the money - its all consuming

happyhelston

BreakfastTea18 said:

I have a slightly similar situation (estate similar amount)  in that my brother who will be co executor is challenging ownership of a plot of land (mum didn't leave a will) and therefore shouldn't be in a position of administration of the estate due to a conflict of interests.   How come this hasn't been challenged by your solicitor? 

How have you run up 50k worth of legal bills,? Is that just through correspondence ? This terrifies me as I'm at the start of a momumental battle to obtain letters of administration with an obstructive joint administrator and beneficiary. 

Oh poor you. Yes this has all been legal bills through letters going backwards and forwards. I would choose a solicitor really carefully, although we thought we had. They were full of gusto and how strong they would be but we really feel like we are the ones defending why my sister cant have her way.
Id say each letter has been a thousand. Each time they issue her with a deadline she misses it by weeks then when she does reply with more demands it feels like we are meant to be pleased theyve done something ?!

My Mum and Dad would be horrified at the waste, they had years with no money and were always careful with it. 

Good luck

Flugelhorn

happyhelston said:

Flugelhorn said:

Trying to understand this - was it case of your Dad's will saying "all to mum but if she predeceased him then the 49/49/1/1 split?" 
If so then probate may not have been needed for your Dad as all went to mum

then mum changed her will to 4*25% ? which she is perfectly entitled to do 

Apart from the fact that your Dad's will left everything to mum it is now not relevant - what needs to be sorted is your mum's will and  so long as it is valid everything gets split 4 ways 

what is the disagreement about? 

My sister is claiming coercion and that Mum was not of sound mind - Mum was adamant that my Dad had been cruel and unfair with his will so this was why she changed it - My sister was banking on the 49% I think and so is very unhappy - my brother who has had his share reduced from 49% to 25% is absolutely fine with the decision Mum made

Mum could have changed her will and left  it to anyone. TBH the 25% split is much more fair than perhaps Dad's will looks to us outsiders (but then we don't know the family history)  - stick to your guns and I am sorry you have had to pay out so much to get this sorted. Sister will learn that you should never bank on anything from a will

BreakfastTea18

happyhelston said:

BreakfastTea18 said:

I have a slightly similar situation (estate similar amount)  in that my brother who will be co executor is challenging ownership of a plot of land (mum didn't leave a will) and therefore shouldn't be in a position of administration of the estate due to a conflict of interests.   How come this hasn't been challenged by your solicitor? 

How have you run up 50k worth of legal bills,? Is that just through correspondence ? This terrifies me as I'm at the start of a momumental battle to obtain letters of administration with an obstructive joint administrator and beneficiary. 

Oh poor you. Yes this has all been legal bills through letters going backwards and forwards. I would choose a solicitor really carefully, although we thought we had. They were full of gusto and how strong they would be but we really feel like we are the ones defending why my sister cant have her way.
Id say each letter has been a thousand. Each time they issue her with a deadline she misses it by weeks then when she does reply with more demands it feels like we are meant to be pleased theyve done something ?!

My Mum and Dad would be horrified at the waste, they had years with no money and were always careful with it. 

Good luck

It doesn't sound like your solicitors are acting in your interests at all, you seem to be a very lucrative cash cow to them. 

My solicitor said at my initial meeting (I've used him previously so I know him) 'The courts do not look kindly on delays with probate' and even with a high court eviction with bailiffs I'm hoping to to be spending not more than 25 k. 
Surely if court had been used sooner to mitigate all these disagreements costs would actually have been saved ?  I'd be looking to change Solicitors at this point,they'll be nothing left to fight for otherwise. 

Spendless

happyhelston said:

Flugelhorn said:

Trying to understand this - was it case of your Dad's will saying "all to mum but if she predeceased him then the 49/49/1/1 split?" 
If so then probate may not have been needed for your Dad as all went to mum

then mum changed her will to 4*25% ? which she is perfectly entitled to do 

Apart from the fact that your Dad's will left everything to mum it is now not relevant - what needs to be sorted is your mum's will and  so long as it is valid everything gets split 4 ways 

what is the disagreement about? 

My sister is claiming coercion and that Mum was not of sound mind - Mum was adamant that my Dad had been cruel and unfair with his will so this was why she changed it - My sister was banking on the 49% I think and so is very unhappy - my brother who has had his share reduced from 49% to 25% is absolutely fine with the decision Mum made

Had your Mum previously had a mirror will with your Dad that also said 49/49/1/1?  If she hadn't I don't see where your sibling is coming from at all and then even if she had it was entirely her prerogative to change it afterwards.

I agree that the solicitor sounds rubbish/