Trust Inheritance Will Writing Service

John_Pierpoint

If my memory serves me correctly, you can put a sort of "caution" on the probate registry - so you will be informed of of an application.

prettyfires

I understand the legal system in Scotland discriminates against 'homemade' wills in favour of solicitor/ will writer wills.
The legal system tries to make out that these are more 'professional' and therefore more 'correct' version of a person's wishes. They do not take into account how many will writers/ solicitors make badly written wills and wills written with so much 'legalese' the person doesn't fully understand it and therefore has to 'trust' the 'unprofessional' professional. There are not enough safeguards or protection for people wanted to leave their assets to others.
And when you are dead it's too late for you to get your consumer rights.........
Easy to 'scam' people when they can't fight back when they are dead and the people left behind can do little to fight for them as the law doesn't support them........

prettyfires

John_Pierpoint wrote: »

If my memory serves me correctly, you can put a sort of "caution" on the probate registry - so you will be informed of of an application.

Most people wouldn't know this. Hopefully now they will...

I was in hospital when my stepfather had the Will he had Confirmed ( probate) .
I had told his lawyer there were other documents, she told him to go ahead and apply for Confirmation anyway.
My lawyer was also acting for the will writer of the will my stepfather had Confirmed - a will writer who didn't register the release of the joint tenancy so doesn't want my will to go through because then this omission and other errors will be uncovered.
I can only make a claim against her for her errors when I win my court case to have that will overturned and my mum's last one instated.
It will cost more than £30,000 for that day in court - and even if I do win, if my stepfather has 'spent' all the money , then there is nothing left to get..... expect the opportunity to spend more tens of thousands of pounds to raise a claim against the will writer for her errors....
And so it goes on .....
And still the Police won't investigate ........

expertlinguist

prettyfires wrote: »

.......
And still the Police won't investigate ........

The reasons the Police won't investigate are because 1) no "crime" on the side of the Will Writer has been committed and 2) the CPS is generally shy at pursuing something they know little or nothing about!

prettyfires

expertlinguist wrote: »

The reasons the Police won't investigate are because 1) no "crime" on the side of the Will Writer has been committed and 2) the CPS is generally shy at pursuing something they know little or nothing about!

It is not the will writer I want investigated....
(1)The Police won't become involved because although 'criminal' acts are being committed they say because it within a 'civil' case it needs to go to court - which I will have to pay for and I do not have the money to do so.
(2) Yes, they know little about it and show little interest in pursuing further knowledge. My point exactly - they won't investigate and learn more....
So if you want 'justice' you can only get it by paying tens of thousands to go to civil court.
An executor can commit 'criminal' acts, but the Police will not investigate, so the laws 'protecting' people from executors committing 'criminal' acts are worthless to ordinary people.
Unless an Executor can be taken to court by someone with a lot of money and be held accountable for their actions, they can do as they please, whether it breaks the law or not...... who can stop them ?:j
Not the Police, not the Law ....

expertlinguist

Executors can be reported to the Probate Office at Court without spending thousands. But again, it depends on the Court you deal with. I would not say that the Courts and the Police are in collusion with the Law Practitioners of this Country to help them buy the next nice car, but it surely smacks like that.

Have tried to speak to a STEP lawyer? They should not charge more than £250 per hour and they should be able to advise free of charge if action is worth taking or not.

Don't forget that if the day in Court is yours, then the other party has to pay for all the costs.

Good luck!

expertlinguist

prettyfires wrote: »

My mum wrote another later will, but the executor and the lawyer hurried the previous will through while I was in hospital. There is no legal duty for Probate to check if a will being presented is indeed a last will, nor is there any time limit for challenging if it is a last will with out incurring huge expense in a civil court.

Quite right, it is for the testator to make sure that his/her will is recorded and stored somewhere safe.....definitely not a Solicitor's safe...after all they do tend to retire and eventually die themselves. And obviously tell the executors where they put it....

By the way, a safety deposit box is no good, because to access it the executors need to be granted Probate and you can only do that after producing the will....catch 22....a bit like having to pay the death taxes before accessing the estate...at least in the second instance there are ways of doing it.

prettyfires

expertlinguist wrote: »

Executors can be reported to the Probate Office at Court without spending thousands. But again, it depends on the Court you deal with. I would not say that the Courts and the Police are in collusion with the Law Practitioners of this Country to help them buy the next nice car, but it surely smacks like that.

It does, doesn't it !!
The will writer failed to register a document to release the house from the survivorship destination in the title deeds. If I have my mum's Last Will Confirmed her error is evident.
The first lawyer I went to, who failed to tell me to apply for Confirmation, was also representing the will writer, a 'conflict of interest' which she failed to tell me about.
I have just contacted the HM Commissary ( probate office in Scotland) and have asked them how I can get my mum's Last Will Confirmed. I have never been told I could just contact them !!! Despite all the solicitors I have spoken to ....
I had told my stepfather's lawyer there was additional information, including a document which my stepfather had with held from her ( I even gave her evidence ). She told me I had two years in which to do something. But her reply to my stepfather was to tell him to press forward and get Confirmation as soon as possible - my stepfather kindly sent me this letter.
I was ill at the time and couldn't do much. And then I discovered that my stepfather had had the Will he had Confirmed. I was then advised I would have to go to court to get the Confirmation removed and my mum's Last Will Confirmed, at a cost of thousands, so far more than £30,000 spent, and still not at court...


Good luck!

Thank you , but I think I need more than luck.....

prettyfires

Executors can be reported to the Probate Office at Court without spending thousands. But again, it depends on the Court you deal with. I would not say that the Courts and the Police are in collusion with the Law Practitioners of this Country to help them buy the next nice car, but it surely smacks like that.
Just had a reply back from the HM Commissary Office;
If Confirmation has already been granted, the only way to have it overturned would be to apply for an action of reduction in the Court of Session. If the Confirmation is reduced by that court, a new application for Confirmation can then be lodged at the Sheriff Court having jurisdiction over the area in which your mother resided. For information about raising an action of this type please either contact the Court of Session or take advice from a suitably qualified solicitor. It is not possible to apply for this type of action in the Sheriff Court.

Just to let you know - Court of Session - very expensive, therefore the first person to get the will they have in their possession Confirmed is technically the 'winner' , unless you have a lot of money to fight it in the Court of Session.
Justice ?!
Not good Scotland ....

prettyfires

expertlinguist wrote: »

Quite right, it is for the testator to make sure that his/her will is recorded and stored somewhere safe.....definitely not a Solicitor's safe...after all they do tend to retire and eventually die themselves. And obviously tell the executors where they put it....

By the way, a safety deposit box is no good, because to access it the executors need to be granted Probate and you can only do that after producing the will....catch 22....a bit like having to pay the death taxes before accessing the estate...at least in the second instance there are ways of doing it.

I think giving your last will to your daughter is acceptable, and I would have thought it would have been reasonable for any solicitor to have asked the daughter if she had her mother's last will !!
I was quite ill at the time and my stepfather moved fast to get the will he had Confirmed at his solicitor's insistence ..... despite me warning her there was other information and gave her evidence of other documents he had withheld from her....