deed of variation?
Comments
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With probate being granted, it is too late to challenge the validity of the will, so all that the sibling can do is make a claim under the Inheritance Act. Based on what you have said, any claim is likely to fail so they are relying on pester power to get more money.
If it were down to me, I'd simply instruct my solicitor to tell the other side to "go do one" and ignore any further correspondence (unless it was an official document from the court).
Thanks but why have neither solicitor that I have dealt with presented this in plain speaking? The dreadful worry this has caused me - court costs - could kill me, it's as simple as that - I could die of worry - be worried to death - which is in fact what I am, at times I literally shake with worry. That's quite apart from and in addition to the grief at the loss of my parent. Is it that, it is in the new solicitor's interest, to stretch this awful business out over their "8-10 week" period quoted in their letter to me, when all they need to say to the opposing solicitor is, "your case is groundless"?0 -
5 months between wills suggests the possibiliy of undue influence - is that what is the sibling is claiming? On what other grounds does he/she maintain the will is challengeable?0
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5 months between wills suggests the possibiliy of undue influence - is that what is the sibling is claiming? On what other grounds does he/she maintain the will is challengeable?
Thanks, yes, that is a claim. There is another claim that the parent wasn't capable of making the will two years ago. However, it has been pointed out to me that if the previous will was not disputed on the grounds of capability, why should the final will be so disputed? That effectively neutralises that claim. The solicitor who drew up the will went to some pains to assure themselves that the parent's final will reflected their final, uninfluenced wishes - this is over the period of the formulation, the drafting, and the eventual signing and witnessing of the will. The claimant's solicitor letter to me was subsequently described as a 'fishing' or 'phishing' letter, it really is that groundless and transparently so.0 -
Thanks, I found this site but all that comes up under the name of my solicitor is the solicitor's name?
The firm was mentioned for the first time ever this October - my solicitor also gets a 'commendation'
but she's been in effect off the case ever since the initial interview and letter from her - letter which made no mention of varying the will, so I haven't had any chance to discuss this wholly new scenario. Btw, I also found the firm mentioned on a website called 'solicitors from hell' but I have no idea how trustworthy that page is - it looks a bit sensational?0 -
It is noted that the parent's will differs from one they made five months previously, but in that time their own spouse had passed over, there had been changes in other words, and a new will was anyway necessary.
The new will was agreed - drafted - drawn up - approved - and signed at a solicitor's office. It represents the final wishes of my parent.5 months between wills suggests the possibiliy of undue influence - is that what is the sibling is claiming? On what other grounds does he/she maintain the will is challengeable?
It's reasonable for someone to rethink their will after their spouse has died. There would need to be some clear evidence of undue influence to contest the will.
As the will was drawn up by family solicitors who knew the deceased, it's likely that any family pressure would have been picked up on.0 -
It's reasonable for someone to rethink their will after their spouse has died. There would need to be some clear evidence of undue influence to contest the will.
As the will was drawn up by family solicitors who knew the deceased, it's likely that any family pressure would have been picked up on.
That was exactly the scenario, I was present at the signing of the parent's will as their formal carer, I witnessed the solicitor lean forwards and request assurance from the parent that the will being signed represented their last and final wishes at that precise point in time. The solicitor was satisfied with the response and the will was signed and counter signed.
The solicitor stands by the will but cannot go with it to court due to conflict of interest. Yet another element in the raft of claims my sibling has made is that the solicitor is somehow at fault, which means the solicitor could find themselves defending me and themselves in court at one and the same time, meaning my defence would be compromised.
For this reason I have had to find a neutral solicitor and my agony - this is mental torture - continues. I am at the end of my tether, it has been 6 months since I lost my surviving parent. I want to say to a solicitor, if this case is heading to court, then take it to court, and end the agony of indecision
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There is another claim that the parent wasn't capable of making the will two years ago. However, it has been pointed out to me that if the previous will was not disputed on the grounds of capability, why should the final will be so disputed?
In an attempt to put your mind at rest - There is a specific process laid out to dispute the validity of a will, either for "mental capacity", "undue influence", or errors in drafting. The first step would be to enter a caveat to prevent probate being granted, and then seek a Larke-v-Nugus statement from the solicitors that drafted the will, then on to the high court.
Probate has been granted, so they have missed the boat on challenging the validity of the will. The only option(s) left is to bring a claim under the Inheritance Act (very difficult and expensive) or apply pressure for an out of court settlement. Once six months has passed from the date probate was granted, they would be out of time to bring a court claim.
Take a deep breath, settle down with a warm drink and try to relax - Not easy to do I know.Her courage will change the world.
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.0 -
In an attempt to put your mind at rest - There is a specific process laid out to dispute the validity of a will, either for "mental capacity", "undue influence", or errors in drafting.The first step would be to enter a caveat to prevent probate being granted, and then seek a Larke-v-Nugus statement from the solicitors that drafted the will, then on to the high court.
Even the earlier versions of both parents wills were disliked by the sibling family side. I was told this by both parents before they passed on. When my last parent was lying in the FD chapel of rest, only several days after passing away, the FD received an odd phone call demanding to pay for the funeral service - all of it. The name of 'the solicitor concerned' was then demanded. The FD said they couldn't accept such a payment because it had to come by way of the executor - that was myself - and that anyway the FD had no idea who 'the solicitor' was - why should he? The anonymous caller then hung up. Do you think this strange incident might have some bearing? The FD, I will say, was astounded and asked me if I knew who the caller was? I have been wondering ever since.Probate has been granted, so they have missed the boat on challenging the validity of the will. The only option(s) left is to bring a claim under the Inheritance Act (very difficult and expensive) or apply pressure for an out of court settlement. Once six months has passed from the date probate was granted, they would be out of time to bring a court claim.
Take a deep breath, settle down with a warm drink and try to relax - Not easy to do I know.
Thanks. Have now instructed the new solicitor to be 'pro-active' in sending my sibling's solicitor a substantive reply. That's my final warning to them, if they quibble I will move to drop them. If they agree I will give them seven days, then drop them if they demur further. I have prepared the family solicitor to recoup the money I paid to the new solicitor if they insist on attempting to appease my sibling, which I think is tantamount to madness - especially bearing in mind your kind post for which I thank you.
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It might have been better if you were not present when your parent was asked - I can see the potential for arguing that your presence was intimidating.
But given what has been said about the difficulty of challenging after probate granted, let's hope a stiff letter makes them rethink.0 -
It might have been better if you were not present when your parent was asked - I can see the potential for arguing that your presence was intimidating.
But given what has been said about the difficulty of challenging after probate granted, let's hope a stiff letter makes them rethink.
Thanks. I was the carer, I had no option but to be present, my parent used to insist I accompany them even to their local GP, I mean during doctor examination time. I found this awkward but it's a carer's responsibility, and my caree wanted me present most of the time - certainly at the solicitor's. The solicitor was aware of my status and there were other witnesses to see and share in the signing. Any untoward activity on my behalf would quite rightly have been picked up on instantly. I sat to one side as I remember, present in the room but apart from the action. My parent faced away from me intent on the solicitor, so there was no eye contact or body language visible between us. That was more or less the scenario when my caree had to swear the oath when my second parent passed over several years ago.0
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