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Help seeing a will as a beneficiary not executor
Comments
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Its not that I want to refuse to help, its more that I am being advised not to ( admittedly not by experts) because of the uncertainty regarding how the money will be dealt with afterwards.
Could you shed some more light on what happens when wills are left weith as degree of uncertainty.
I'm afraid you aren't going to find any properly-informed, expert advice by posting here. I think people sometimes over-estimate what a forum of this nature can do, especially when replies are of necessity based on the very limited information provided by someone asking for help.
If a will is uncertain, what happens next depends on what that uncertainty is, whether it can be resolved amicably (eg by the beneficiaries impacted agreeing to Deed of Variation) or whether an application to the court will be necessary to rectify.
Have you considered the possibility that the executor is feeling overwhelmed and pressured by your demands for details/clarity, even if you believe you are being entirely reasonable? The fact she has appointed a solicitor to oversee the administration of the estate should give you considerable reassurance that things will be done 'properly'.
If you really feel you need advice, then your own solicitor is best placed to provide it, but what they won't be able to do is insist on sight of the will before probate has been granted.
Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!5 -
Just an update on this.
The Will was sent to me in error by the solicitor, but they do not appear to be aware of this. They did not send an email requesting me not to view or to delete it so I assumed I could view it. However when I requested to view it to check this I was denied again.
The executor has deceived me about what was in the will- they specifically said the will says that money is to be split afterwards- and other specific conditions of the will- yet the will has simply left the entirity to them- and is home made- made 7 days before death.
I now have a solicitor who considers this very suspect.
Is there a case for when an executor intentionally lies or deceives about the contents of a will?
I do have proof that they said this at the outset.
Thanks.0 -
Their lying to you is not really of any help, if you are going to challenge the will it is going to have to be on the grounds that ot was a forgery or was made under duress or your uncle did not have the mental capacity to make a new will so close to death.
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Duress or mental capacity seems to be the way to go.
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How have you viewed it if your request to do so was denied again?
People can write last minute wills. I wasnt impressed when my then 99yo Grandmother was taken into hospital and a charity was asking her about a will as I didnt think she was capable of reciting the alphabet at that point, let alone make a will but she did to my surprise have enough wits about her to say she already had one in place.
Has the will been signed and witnessed? Did your relative have capacity to make a new will?
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The solicitor sent it to me by accident a week before, I asked for it again because I just wanted to see if I hadnt been sent it on purpose so asked again at a later date.
I deal with the solicitor because I am helping with the estate.
People can write last minute wills but this would have been under extreme duress as it was a few days before he died, and my solicitor seems to think we have a case here especially as the executor has been deceiving. They did have capacity in terms of cognitive ability though.
At the very least that they will broker a deal with me rather than go to court.0
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