Probate issue

jamelsi

Hi Everyone,

I’m hoping someone is able to offer some advice or suggestions regarding an issue we’re having regarding probate please.

Our mum passed away in November of last yesr. We’ve been struggling to get probate approved but and don’t know where to get help.

Our mum never had any English tutoring and only had a basic understanding of English. This showed in her handwriting and specifically her signatures. The problem we have is that probate are saying that her signature looks too simple and are questioning her state of mind at the time of signing. The solicitor involved has left the organisation now, and her witness cannot confirm mum’s mental state at the time because she can’t remember the actual day, which is understandable as it was such a long time ago.

HMCTS needs an official document from solicitors to this effect.

''They require the affidavit to be extended to include that the content of the testamentary document was read over to mum, and/or that she understood and approved the contents.''

Our understanding is that we would expect the solicitors to only accept wills that are signed by people of sound mind and mental health anyway, We believe that this would be part of their due diligence and responsibility of the services offered.

Has anyone been unfortunate enough to experience such a problem or anything similar please? Can anyone offer any advice or suggestions please?

Thanks in advance and kind regards,

Frustrated

Flugelhorn

the solicitor wouldn't be expected to remember the exact day / client BUT they should have some notes and even of they have left, the company should still have them

RAS

Even if the solicitor has left the organisation, they should have the meeting notes on file? Have you asked them?

And just checking this was a proper law firm, not will writers? SRA registered?

poseidon1

https://forums.moneysavingexpert.com/discussion/6676275/probate-issue

There was an aspect of your post that gave me pause and that was your comment that your parent 'never had any English tutoring and only had a basic ( verbal? ) understanding of English '

This led to wonder if English was only a 2nd language for your parent and she had a foreign first language.

This may not have been case in your circumstance, but worth pointing out that if it were, there is a very specific wills protocol to cater for people in that circumstance.

This involves bringing in an independent interpreter and have the English Will also drafted in the testator's original language that they can readily read and understand ( assuming approriate literacy levels).

The interpreter in this scenario is responsible for reading the will to the testator in the language they understand, and will also be an additional witness to the English will, attesting to their special role in the proceedings.

Because of this arrangement the attestation clause to the will is drafted in recognition of the intermediary arrangement introduced to assist the non English speaker in understanding the English Will prior to execution. An example of such attestation clause in the case of a French national follows :

SIGNED by [TESTATOR] who understands the French language but has imperfect knowledge of and cannot read the English language (the foregoing having been read over to him by me the undersigned 1st Witness in English and having been truly interpreted by [INTERPRETOR] who understands both the English and French languages) which reading and interpretation were both done in our presence when the said [TESTATOR] appeared thoroughly to understand this Will and to approve the contents thereof as his last Will in our presence and then by us in his.”

Now you can imagine that with so much extra administration for non English speakers, Wills on their behalf come with noticeably extra time and cost. It is my suspicion that some solicitors may for this reason not follow this protocol and wrongly rely on the English speaking children/beneficiaries to fill in the gaps where the parent demonstrates any lack of understanding or uncertainty.

Whether or not this situation applies here, the worse case scenario for the OP if they cannot comply with the Probate Registry's requests, is the will maybe declared void and parent found to be intestate.

OP would a finding of intestacy radically affect the destination of the parent's assets compared to the will?