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Main/Sole Beneficiary

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  • Main/Sole Beneficiary

    I am a Main/Sole beneficiary of a will and have received court papers from a potential claiment that is saying my will is invalid. In the particulars of the claim I feel I can prove there claims are false regarding myself.
    I had to find a solicitor to acknowledge the claim but the only advice I am being given is to mediate and my solicitor is stating off them money.
    I tried to present details to the solicitor that would prove there particulars of the claim to be incorrect about me and the solicitor would not even look at my paperwork stating it does not matter now a claim is issued.
    My solicitor has asked for paperwork regarding their claim/allegation but has had no response regarding this. Do I not have a right to ful disclosure of the allegations they have made about me.
    I feel as if I am being led up a garden path as I believe my will I could prove to be valid as though the deceased had early dementia I feel that with the documents I have could prove the will.
    They are making up all sorts of things which are not true SO am I getting the right advice to mediate or should I try and prove the will.
    Mainly do I have no address to the allegations that they have presented to the court.
    Hope someone can help me.
    Tags: None

  • #2
    Did the Deceased have Dementia at the time the will was made?

    What is the challenge to the will ? Is it about capacity ? influence ? or reasonable provision for dependents ?



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    • #3
      Stating will is void due to dementia if not then undue influence.

      Starting to attend a memory clinic, wrote the will then was diagnosed approx 3/4 months after writing will with early/mild dementia.

      Comment


      • #4
        The fact that a testator was suffering from dementia does not automatically mean that he/she was lacking capacity when making the will.
        If the will was drafted by a professional they should have an attendance record.

        Contentious probate can be horrendously drawn out and expensive, resulting in little of an estate being left for distribution.
        Perhaps your solicitor, knowing the full story, is advising you to come to an agreement rather than fighting it because of this.
        It could be that you will preserve more of your inheritance via mediation than fighting it through the courts.

        Comment


        • #5
          The will was drafted by a professional/solicitor and have responded to them as in accordance to our policy all clients are seen on their own. (This has come from the executors) I was not there.

          My probem is I have given my solicitor what I received from the court the particulars of the claim. My solicitor has wrote asking for the documentation from the otherside and has not received anything twice now. So the solicitor does not have the full story.

          The only letters they will respond to is stating we will consider mediation if I give full financial disclosure about the estate
          .
          Surely that is nothing to do with me but the executors who deal with the estate details.

          Comment


          • #6
            Originally posted by Radioboy View Post
            The will was drafted by a professional/solicitor and have responded to them as in accordance to our policy all clients are seen on their own. (This has come from the executors) I was not there.

            My probem is I have given my solicitor what I received from the court the particulars of the claim. My solicitor has wrote asking for the documentation from the otherside and has not received anything twice now. So the solicitor does not have the full story.

            The only letters they will respond to is stating we will consider mediation if I give full financial disclosure about the estate
            .
            Surely that is nothing to do with me but the executors who deal with the estate details.
            The beneficiaries of a will can agree to vary it, and the inform the executors.
            They are using the challenge to the will to try and get you to agree to a variation.
            If the will was declared invalid how many beneficiaries would there be?

            Comment


            • #7
              Deceased partner had died - the deceased had no children of their own. So I do not know if intestate rules would apply.
              Although the claiment are trying to reinstate an earlier will making them the sole/main beneficiary. Stating they were classed as a child by the deceased ie (step).

              Comment


              • #8
                If it was ruled that the latest will was invalid, the earlier will would stand.
                However it is not easy to prove a will is invalid, but as already stated contentious probate can be horrendously expensive and at the end of the day no one other than the lawyers win.

                The challenger to the latest will probably feels that he/she has nothing to lose, and because of the likely costs you might well be prepared to negotiate.


                That is possibly why your solicitor (also the executor?) is suggesting you negotiate.
                IMO you should be guided by him, as at least he hasn't suggested you line his pocket by contesting this.

                Tagging Peridot
                Last edited by des8; 24th June 2018, 10:40:AM.

                Comment


                • #9
                  Sorry for the delay, I didn't pick up the tag. I would agree with Des8's view of the situation.

                  Contesting wills/probate is a costly stressful process and can often leave little in the estate to ultimately be distributed, meaning all beneficiaries lose out. Mediation is encouraged by the Court and parties are encouraged to come to an agreement. There is no harm in agreeing to mediation and maybe this could be on the proviso they confirm what issues they have.

                  You don't have to agree a settlement at the mediation but it may be helpful to establish what they are looking for and what they base their claim upon. Negotiations can continue throughout the process and are encouraged by the Court. It is always better to appear that you are willing to mediate.

                  Has the person making the application made a request of the solicitor who prepared the Will leaving you as the sole beneficiary, requesting all the relevant information they had at the time it was prepared?

                  Who was the executor of the Will you have benefited from?

                  Do you know why the previous Will was changed?

                  Had there been a falling out between the person who died and their 'step child'?


                  If you are able to gather any further information it may be helpful to help explain the reasons for the change in the Will. In addition if a Solicitor prepared the Will there should be a file documenting the instructions they were given and any concerns they had about that.
                  I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

                  Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

                  If in doubt you should always seek professional face to face legal advice.

                  Comment

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