Dealing with 2 x deaths, one with a will and one without

Olivia2018

So I guess you’ve still could say things have taken a bit of a dramatic turn for the worst.

My auntie decided on Monday she was going to hand everything over the the solicitors to deal with rather than me become POA so that she can return home in 2 weeks. She is executor of the will so I guess I have no legal say so as a simple “beneficiary” means as my dad was an executor and is now no longer with us.

This has obviously caused alot of upset, I am trying my hardest to keep some peace and communication.

I need to ask for advice from you guys on here and any solicitor recommendations as we’ve had conflicting advice.

So the solicitors dealing with the probate have yet to get back to me with an answer as to whether they will do the DOV. 

I explained I want to get a DOV and she seemed agreeable (but who knows) so she knows of my intentions.

My questions I have tried to ask other solicitors are

• Does my aunt need to agree the DOV?
• Does it have to be the solicitors she is using or is it just polite and best practice to ask them first.
• Can I just go ahead and get another solicitor to start the DOV without my aunt (the executors) say so.

poseidon1

Olivia2018 said:

So I guess you’ve still could say things have taken a bit of a dramatic turn for the worst.

My auntie decided on Monday she was going to hand everything over the the solicitors to deal with rather than me become POA so that she can return home in 2 weeks. She is executor of the will so I guess I have no legal say so as a simple “beneficiary” means as my dad was an executor and is now no longer with us.

This has obviously caused alot of upset, I am trying my hardest to keep some peace and communication.

I need to ask for advice from you guys on here and any solicitor recommendations as we’ve had conflicting advice.

So the solicitrs dealing with the probate have yet to get back to me with an answer as to whether they will do the DOV. 

I explained I want to get a DOV and she seemed agreeable (but who knows) so she knows of my intentions.

My questions I have tried to ask other solicitors are

• Does my aunt need to agree the DOV?
• Does it have to be the solicitors she is using or is it just polite and best practice to ask them first.
• Can I just go ahead and get another solicitor to start the DOV without my aunt (the executors) say so.

That is bad news and inconsiderate of your Aunt, since unnecessary legal fees will be incurred to the detriment of all concerned as well as you having to work hand in glove with that firm in dealing with your father's intestacy,  the firm will likely slow you down.

As regards the DOV, in this particular case it is a specialist job which I would not trust to just any solicitor who is not STEP qualified.

Does  your Aunt's choice of firm include a STEP qualified specialist and is that person going to be handling your Nan's estate? If not, I would engage your own STEP qualified lawyer to draft the DOV, and put your Nan's lawyer on notice of the fact, so that the two firms can liase as appropriate.

Just to be clear the DOV only concerns your immediate family. Aunt has no say and can't block it, her only input is to ensure her share of your Nan's estate does not bear any of the legal costs related to  preparation and execution of the DOV.

As you say an unfortunate turn of events, especially if it may mean the involvement of 2 lawyers rather than 1.

Olivia2018

I totally agree. It’s obviously sparked a very heated discussion and caused a lot of friction. But hey, her decision ultimately. The cost for her doesn’t seem to be a factor.
I won’t be using this particular firm for my dad’s i estate I plan to do his probate process myself once the DOV for my nans is sorted.

I don’t know for sure but it’s making me nervous that my aunt nor her solicitor have got back to me with an answer about the DOV. Not to question you, but how sure are you that she doesn’t have to agree to the DOV? As she is the only executor for the will.

My plan is to do just that and instruct my own solicitor if I can and someone that presents themself as more knowledgable and professional. I guess I’m just worried she’s going to be awkward about things, I’m also not privy to the conversations with the solicitor but she’s taking all their advice to the extreme and now won’t even let us enter my nans house without her there. It’s very distressing for us but I am determined to protect our part of this in any way I can 

poseidon1

Olivia2018 said:

I totally agree. It’s obviously sparked a very heated discussion and caused a lot of friction. But hey, her decision ultimately. The cost for her doesn’t seem to be a factor.
I won’t be using this particular firm for my dad’s i estate I plan to do his probate process myself once the DOV for my nans is sorted.

I don’t know for sure but it’s making me nervous that my aunt nor her solicitor have got back to me with an answer about the DOV. Not to question you, but how sure are you that she doesn’t have to agree to the DOV? As she is the only executor for the will.

My plan is to do just that and instruct my own solicitor if I can and someone that presents themself as more knowledgable and professional. I guess I’m just worried she’s going to be awkward about things, I’m also not privy to the conversations with the solicitor but she’s taking all their advice to the extreme and now won’t even let us enter my nans house without her there. It’s very distressing for us but I am determined to protect our part of this in any way I can 

This article maybe reassuring.

https://www.premiersolicitors.co.uk/blog/can-a-deed-of-variation-be-challenged#:~:text=Another common ground for contesting,access to means-tested benefits.

As you will see emphasis is on the beneficiaries directly affected by the DOV (their  informed  consent, lack of coercion etc). As long as the deed in no way affects Aunt's beneficial rights, or place a tax burden on her share she has no cause  in her capacity as a non affected  beneficiary to object. 

The executor's role  ( your Aunt's other hat)  in this excercise is merely to rubber stamp the beneficiaries' wishes in the deed. Unreasonably refusing to do so would in my view be just cause for the beneficiaries to seek removal of the executor on grounds of materially harming their financial interests.

However, since I assume Aunt has appointed the solicitor to act as her delegate executor in her absence abroad, can't imagine a lawyer placing unreasonable obstacles in your way. Unlike your Aunt the lawyer has professional indemity insurance in place should it become necessary for you to sue them for financial harm in this regard.

Neither your  Aunt or her solicitor have any skin in game to justify preventing the DOV. However the solicitor may be hesitant to do it herself if not confident in her ability to get it right ( the article  above reinforces the necessity of precise drafting). Therefore, this is where you bring your own lawyer into the picture.