Dispute on a Will - what to do?

Mahogany92

I am an executor on the Will of my great aunt (now deceased). We were not made aware of her death until the solicitors who the Will was with got in contact (Sep 24).

The son of my great aunt, who was present during his death, has disputed the will and challenged her lack of inclusion. The Will stated that he was not to get anything.

The solicitors my aunt did the Will with were managing the case made us aware they can no longer represent us (circa June 25) as there is a conflict of interests given they are named in the dispute.

During this time period we followed their guidance and any correspondence from the solicitors of the dispute from my great aunts son - we were advised that we did not need to complete. For example the Letter of Response.

After my aunts death, the son incurred costs on his own behalf without any consultation of ourselves in clearing the property. We have since received communications from his solicitor requesting we are now to be responsible for these as it appears he put them in storage and no longer wishes to pay.

There are many avenues here and we do not know which way to turn. The costs involved with all of this are extremely worrying and the property value is not substantial and we fear costs will leave either party in debt. We are happy for mediation between us (as we have not ever had any contact with him directly) but solicitors costs are through the roof and we cannot afford nor do we qualify for legal aid.

Has anyone else experience this or similar before? Any help is appreciated!

elsien

Was there any explanation with the will explaining why he was not to get anything - did the will specifically say that or is he just not in it at all?
Who are the current beneficiaries? Because it’s hard to see what mediation could achieve if the current beneficiaries are not willing to give up any of their share. 

Was the son financially dependant on her at all. This is one you’re going to have to get separately legal advice on. He may be trying it on, and once he realises there’s not much in the estate might decide it’s not worth the hassle or risk of accruing costs. But it’s not something you want to get wrong. 

Mahogany92

elsien said:

Was there any explanation with the will explaining why he was not to get anything - did the will specifically say that or is he just not in it at all?
Who are the current beneficiaries? Because it’s hard to see what mediation could achieve if the current beneficiaries are not willing to give up any of their share. 

Was the son financially dependant on her at all. This is one you’re going to have to get separately legal advice on. He may be trying it on, and once he realises there’s not much in the estate might decide it’s not worth the hassle or risk of accruing costs. But it’s not something you want to get wrong. 

Hi - it directly stated on the will that she did not wish any of her children to get benefit of it as there was no contact from her son for decades, he had only recently got back in touch with her the year of her death.

The current beneficiaries I believe are just myself and my dad, are these the same as trustees? My uncle had passed a few years prior to her own.

There was no financial dependence from what I know of, I can't say for that in the year where he got back in touch with my aunt but for the decades prior - nothing.

Yes I think he doesn't understand how little the property is valued for, as the figures quoted he believes he is entitled to is nearly all of the property and that's before any debts are settled and legal expenses!

Brie

Is there any value in the items he's had in storage?  Even if it's minimal perhaps you can simply say you agree to him selling them and keeping the funds to offset the storage costs.  And make it clear that you are otherwise following his mother's wishes that he is not entitled to anything according to her will.  

You talk about "how little the property is valued for".  Does this refer to a house/flat that you are trying to sell?

Mahogany92

Brie said:

Is there any value in the items he's had in storage?  Even if it's minimal perhaps you can simply say you agree to him selling them and keeping the funds to offset the storage costs.  And make it clear that you are otherwise following his mother's wishes that he is not entitled to anything according to her will.  

You talk about "how little the property is valued for".  Does this refer to a house/flat that you are trying to sell?

Not sure on overall value, furniture and a few other bits but was rather strange as other things like fridge and washing machine remained inside. I will make note of that idea to offset costs for himself.

Apparently my aunt had drafted a new Will naming him on it the year of her passing but never signed it, hence the dispute.

Yes the property is a small one bed flat and the only asset in the estate as we understand so would be used to pay off any debts we aren't aware of yet either!

sheramber

Mahogany92 said:

elsien said:

Was there any explanation with the will explaining why he was not to get anything - did the will specifically say that or is he just not in it at all?
Who are the current beneficiaries? Because it’s hard to see what mediation could achieve if the current beneficiaries are not willing to give up any of their share. 

Was the son financially dependant on her at all. This is one you’re going to have to get separately legal advice on. He may be trying it on, and once he realises there’s not much in the estate might decide it’s not worth the hassle or risk of accruing costs. But it’s not something you want to get wrong. 

Hi - it directly stated on the will that she did not wish any of her children to get benefit of it as there was no contact from her son for decades, he had only recently got back in touch with her the year of her death.

The current beneficiaries I believe are just myself and my dad, are these the same as trustees? My uncle had passed a few years prior to her own.

There was no financial dependence from what I know of, I can't say for that in the year where he got back in touch with my aunt but for the decades prior - nothing.

Yes I think he doesn't understand how little the property is valued for, as the figures quoted he believes he is entitled to is nearly all of the property and that's before any debts are settled and legal expenses!

You need to quote the wording of the will as to what happens to the estate. 

Who gets what. 

MEM62

Brie said:

Is there any value in the items he's had in storage?  Even if it's minimal perhaps you can simply say you agree to him selling them and keeping the funds to offset the storage costs.  

Unless he had authority to act on behalf of the executors, the estate is not liable for any storage charges.  He cannot take it upon himself to deal with or make arrangement for t property of the estate.  The storage charges are his problem.    

gjcody

Mahogany92 said:

I am an executor on the Will of my great aunt (now deceased). We were not made aware of her death until the solicitors who the Will was with got in contact (Sep 24).

The son of my great aunt, who was present during his death, has disputed the will and challenged her lack of inclusion. The Will stated that he was not to get anything.

The solicitors my aunt did the Will with were managing the case made us aware they can no longer represent us (circa June 25) as there is a conflict of interests given they are named in the dispute.

During this time period we followed their guidance and any correspondence from the solicitors of the dispute from my great aunts son - we were advised that we did not need to complete. For example the Letter of Response.

After my aunts death, the son incurred costs on his own behalf without any consultation of ourselves in clearing the property. We have since received communications from his solicitor requesting we are now to be responsible for these as it appears he put them in storage and no longer wishes to pay.

There are many avenues here and we do not know which way to turn. The costs involved with all of this are extremely worrying and the property value is not substantial and we fear costs will leave either party in debt. We are happy for mediation between us (as we have not ever had any contact with him directly) but solicitors costs are through the roof and we cannot afford nor do we qualify for legal aid.

Has anyone else experience this or similar before? Any help is appreciated!

I am an executor on the Will of my great aunt (now deceased). We were not made aware of her death until the solicitors who the Will was with got in contact (Sep 24).

The son of my great aunt, who was present during his death, has disputed the will and challenged her lack of inclusion. The Will stated that he was not to get anything.

He is entitled to do so.

The solicitors my aunt did the Will with were managing the case made us aware they can no longer represent us (circa June 25) as there is a conflict of interests given they are named in the dispute.

It is correct for them to do so, if they drafted the Will they could become involved and you may choose to sue them!

During this time period we followed their guidance and any correspondence from the solicitors of the dispute from my great aunts son - we were advised that we did not need to complete. For example the Letter of Response.

After my aunts death, the son incurred costs on his own behalf without any consultation of ourselves in clearing the property. We have since received communications from his solicitor requesting we are now to be responsible for these as it appears he put them in storage and no longer wishes to pay.

Was the son aware of the contents of the Will when he acted? Though it would seem fair of he has provable expenditure to give recompense for that, against receipts. Those costs must then be accounted for in the Estate Accounts which you complete and distribute as required at the when you have completed the Executor duties.

You can them move them back to the property. You must of course need to estimate the values in order to apply for probate. Whilst they should never have been moved until Probate was granted, he will doubtless claim he acted in good faith to secure them, which is difficult to dispute given he is willing to hand them over.

There are many avenues here and we do not know which way to turn. The costs involved with all of this are extremely worrying and the property value is not substantial and we fear costs will leave either party in debt. We are happy for mediation between us (as we have not ever had any contact with him directly) but solicitors costs are through the roof and we cannot afford nor do we qualify for legal aid.

Perhaps as a first step, you should contact him and attempt to sit down and look for a way forward. As you highlight prolonging the dispute won't be good for anyone.

These things are always difficult, approach them calmly. The options are to fight the case, which may well take up all funds available or find resolution with all parties. You have no legal authority to change the distribution of the Will without the agreement of all named beneficiaries, so sit them down first and sound them out. If they are willing to include him, you will require a Deed of Variation – have a quick Google on that.

You should find another Solicitor either way, though at least having sat with all the beneficiaries, you will know which direction you will be moving.

As a matter of interest how many Executors were named in the Will?

gjcody

Mahogany92 said:

Brie said:

Is there any value in the items he's had in storage?  Even if it's minimal perhaps you can simply say you agree to him selling them and keeping the funds to offset the storage costs.  And make it clear that you are otherwise following his mother's wishes that he is not entitled to anything according to her will.  

You talk about "how little the property is valued for".  Does this refer to a house/flat that you are trying to sell?

Not sure on overall value, furniture and a few other bits but was rather strange as other things like fridge and washing machine remained inside. I will make note of that idea to offset costs for himself.

Apparently my aunt had drafted a new Will naming him on it the year of her passing but never signed it, hence the dispute.

Yes the property is a small one bed flat and the only asset in the estate as we understand so would be used to pay off any debts we aren't aware of yet either!

You cannot agree to him selling them, etc.  As Executor you are legally responsible for every item in the Estate and must include it in the Probate application figures, and you may not distribute anything until the grant of Probate has been made.  It is that which gives you the legal authority.

If she drafted  a new Will, whilst it is not valid, do you not think you should respect it and who was the names Executor in  it?

Everything she owned is an asset and must be priced and included in the Estate calculations.

Flugelhorn

Why did he clear the house? as mentioned above, the stuff could be moved back to the property and then sorted from there - would reduce the cost and offer easier to sell a property when furnished

Grumpy_chap

Mahogany92 said:

I am an executor on the Will of my great aunt (now deceased). We were not made aware of her death until the solicitors who the Will was with got in contact (Sep 24).

The son of my great aunt, who was present during his death, has disputed the will and challenged her lack of inclusion. The Will stated that he was not to get anything.

Mahogany92 said:

Hi - it directly stated on the will that she did not wish any of her children to get benefit of it as there was no contact from her son for decades, he had only recently got back in touch with her the year of her death.

The current beneficiaries I believe are just myself and my dad, are these the same as trustees? My uncle had passed a few years prior to her own.

Are you the only Executor of the Will or one of the Executor's?

When you say you believe that the beneficiaries are just yourself and your Dad, do you not know? 
What does the Will say?
It is the responsibility of the Executors to manage the Estate according to the Will.