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My late father lived in England. Me and my sister also live in England.
I have blocked probate due to a Will dispute with my sister. A DIY will was created at the last minute before my fathers death and is disputed on the basis of lack of capacity and lack of knowledge and approval as she wrote to the will out herself and got my father to sign it without reading it,.
The Will split everything between me and my sister 50 / 50 but left her an extra £25,000 gift. The Will appointed her as sole Executor.
We have discussed the dispute and she has offered the following
1) She will reduce her gift to £12,500
2) She will gift me a car that was part of the Estate (worth approximately £1000)
3) She is the Executor of the estate and has agreed not to make any expenses claims for travel / mileage / petrol and will pay any expenses of this nature out of her own pocket.
4) She has agreed to give me access (a key) to the family home that is part of the Estate so I can regularly check on it. She lives about 55 miles away and I am concerned she may be unaware or unable to get there quickly in the event of a serious problem. Especially with the lockdown situation. I live about 1 mile away and can get there by foot if necessary so I feel it makes sense to have a key and be able to check on the house as is required by the house insurance policy.
I have 4 questions:-
1) Do you think I can get a solicitor to draw up this agreement for a few hundred pounds or will it be more expensive than that?
2) Is it possible for a solicitor to include point 4. (the key) in the agreement they draw up? If so do you think it would it be practical to include this or should I keep the solicitors agreement to the financial matters only (1 - 3 only) and simply trust her that she will give me a key as we have agreed?
3) Can you recommend any solicitors for this?
4) Is there any other advise you have?
Thank you
I have blocked probate due to a Will dispute with my sister. A DIY will was created at the last minute before my fathers death and is disputed on the basis of lack of capacity and lack of knowledge and approval as she wrote to the will out herself and got my father to sign it without reading it,.
The Will split everything between me and my sister 50 / 50 but left her an extra £25,000 gift. The Will appointed her as sole Executor.
We have discussed the dispute and she has offered the following
1) She will reduce her gift to £12,500
2) She will gift me a car that was part of the Estate (worth approximately £1000)
3) She is the Executor of the estate and has agreed not to make any expenses claims for travel / mileage / petrol and will pay any expenses of this nature out of her own pocket.
4) She has agreed to give me access (a key) to the family home that is part of the Estate so I can regularly check on it. She lives about 55 miles away and I am concerned she may be unaware or unable to get there quickly in the event of a serious problem. Especially with the lockdown situation. I live about 1 mile away and can get there by foot if necessary so I feel it makes sense to have a key and be able to check on the house as is required by the house insurance policy.
I have 4 questions:-
1) Do you think I can get a solicitor to draw up this agreement for a few hundred pounds or will it be more expensive than that?
2) Is it possible for a solicitor to include point 4. (the key) in the agreement they draw up? If so do you think it would it be practical to include this or should I keep the solicitors agreement to the financial matters only (1 - 3 only) and simply trust her that she will give me a key as we have agreed?
3) Can you recommend any solicitors for this?
4) Is there any other advise you have?
Thank you
