Executor Blocked all Contact

[des8]

Thanks for the clarification.... I think there was a misunderstanding between the amounts in posts 2 & 3

[Bex34]

Thanks for the clarification.... I think there was a misunderstanding between the amounts in posts 2 & 3

So do I contact the probate registry and request a issue a citation, complete the forms with all my information and then swear an affidavit. Do the forms then get served on the executor? Do you have any idea what happens next, google seems to be vague in the process.

[des8]

Your citation will be addressed to an executor who has intermeddled in the estate of the deceased requesting she show cause why she should not be ordered to take a grant .
You can do this as a person interested in the estate as six months have passed from the death of the deceased'

To obtain a citation for probate you need to swear an affidavit confirming each of your written statements which you then present to the registrar with the request to issue the citation.

Note that every will referred to in a citation has to be lodged in a registry before the citation is issued, except where the will is not in the citor’s possession and the registrar is satisfied that it is impracticable to require it to be lodged.

The citation will need to be served personally, unless the registrar directs otherwise

[Bex34]

Your citation will be addressed to an executor who has intermeddled in the estate of the deceased requesting she show cause why she should not be ordered to take a grant .
You can do this as a person interested in the estate as six months have passed from the death of the deceased'

To obtain a citation for probate you need to swear an affidavit confirming each of your written statements which you then present to the registrar with the request to issue the citation.

Note that every will referred to in a citation has to be lodged in a registry before the citation is issued, except where the will is not in the citor’s possession and the registrar is satisfied that it is impracticable to require it to be lodged.

The citation will need to be served personally, unless the registrar directs otherwise

Hello Des8, I know this is 15 months since our last post but I wanted to give you an update as it is still ongoing.

The solicitor dealing with the invalid will took the case on as a CFA as there was enough evidence to prove the new will was invalid due to the lack of blind attestation clause, and both witnesses not being present at the same time to sign. As the executors who are also beneficiaries of the new will denied this, I put your suggestion about the citation forward explaining that if I did this then I could place a Caveat on the newer will (which I did anyway just incase) and I could therefore present all the evidence as to why the new will is invalid. The reply I received from the solicitor basically dismissed my suggestion and said it isnt covered under the CFA and involves legal proceedings.

I wasnt provided with any info as to how much it would cost me if I were to fund this myself or even if it was a possibility that yes I could actually do this myself. That was the end of that conversation. At the time it was all raw and I didn't understand what the solicitor meant by this, I just thought it couldnt be done while I had a CFA so I moved on with it, supplying more and more evidence of undue influence and lack of knowledge and approval. The executors responding to our submitted evidence denying everything and obtaining a statement from the other witness. Who I managed to speak to over the phone prior to issuing the claim, and she confirmed that the other witness was not present when she signed the will. Brilliant I thought, she has just confirmed everything I need!

Later this witness changed her story to corroborate the executors story (as they are friends). She said that when I spoke to her she got it wrong, even though she went into great detail of the will drafting, and recalling the events of that day and how she signed a piece of paper straight after the drafting. She now says that since she received a copy of the will from the executors, she now clearly recalls how she witnessed it and the other witness was present at the time and gave a false written statement confirming the same.

Every time I prove something, the executors and their witness friend come back with more and more false information and statements. It has been a constant tit for tat and the executors solicitor dismissing all the evidence we have provided.

Now thousands of pounds down the line Im no further forward, despite clearly having all the evidence to say the will is invalid. I feel the solicitor dealing with the case isnt coming down on them hard enough in saying 'look this will is invalid and we have provided evidence to prove this'. I have just obtained the Will file from the previous will with the blind attestation clause, the file explains why it was read aloud and that mum was registered blind. Again, more evidence but the executors are still denying this and have now said the new will was read aloud a few day before execution.

I told my solicitor, no it cant be read aloud a few days before execution as it has no attestation clause to state this, plus one of the witnesses state that they weren't present with the other witness when the will was executed.

I'm angry with all of this, and now feel my solicitor isnt acknowledging the evidence even though it is the law and in black and white to prove the will is invalid. And also suggesting I spend tens of thousands taking them to court as he just cant get them to agree the will is invalid. If my solicitor had given me guidance about the citation forcing them to apply for probate and the caveat blocking this, I would then have been able to put my reasons across using all the evidence I have and not have run up a bill in thousands. But now its too late as 6 month has passed with no thanks to the solicitor.

Why should I have to spend thousands in court as well as thousands in solicitor fees when the evidence is there confirming the will is invalid.

Sorry to rant a bit. I'm just in a real dilemma having already spent thousands in fees and getting nowhere.

[des8]

Sorry to hear of your ongoing problems.

Unfortunately contentious litigation is expensive.

I can only surmise your solicitor is doing his best to avoid a court case, as at that point it could become horribly expensive.
The other side's solicitor is probably working on the same basis and so the the twain will never come to an agreement

The purpose of the citation was to enable you obtain a copy of the will.
You now have this, so you are now in a position to decide whether or not that will is valid.
Your solicitor says invalid.
The holders of this document are not intent on obtaining probate. One wonders why as it is comparatively cheap and would give her the legal authority to deal with the estate.

Do you have your mother's original will?
If so has there been any suggestion you present that for probate? Sometimes a copy is sufficient.
I don't know if that is a legal or sensible course of action, but it might be worth exploring.