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Hi i have read your advice on will disputes on the forum . Can i ask your advice on my situation i am executor and main beneficiarie to my late uncles will . Whilst in hospital my uncle wanted to change his will . We asked the solicitor who drafted his old will if he could come to the hospital and discuss my uncles request. The solicitor visited my uncle and had a meeting which was private between them both. The solicitor could not seem to understand my uncle who had throat cancer . The meeting resulted in my uncles wishes not been acted on . So to move things on my uncle aggreed to me drafting a new diy will with his new wishes . He signed a letter informing his solictor he no longer required his services . The new drafted will was signed and witnesed by two medical staff who were not involved in his care . He had full capacity and knowledge of what he was doing . The change to the will was to remove several charities who were to recieve the residue of the estate after bequests were paid to me my brother and 2 cousins who still remain on the new will. His new will was granted probate in February . I have now recieved a Larke v Nugus letter from a firm of solicitors who say they are representing the charities that were named on the old will. The letter also mentions my contact with the solicitor who drafted the old will and the fact that my uncle was in hospital at the time when the new will was drafted . My uncles new will were his last wishes made because that was what he wanted . My uncle was still driving his car a week before he went into hospital and had full capacity up to the day he passed away about 3 weeks after he made his new will. My question to you his how should i respond to the Larke v Nugus letter. The will is close to been dispersed to the named beneficaires i have read that 21 days to respond to the letter is acceptable. Thank you if you take time to read this and reply with your thoughts.
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Presumably the letter asks a series of questions to which you give appropriate answers
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You respond that you are not a solicitor (and so are not bound to follow Law Society practice directions to respond to a L&N letter) nor did you draft the will (but only typed up your uncle's wishes).
However if there is a threat of a claim you would be well advised to provide the other side with evidence of your uncle's capacity,and retain the services of a solicitor versed in contentious probate. Costs can be claimed from the estate.
The problem is that if you are shown to have been negligent in handling the administration of the estate the beneficiaries can claim against you.
It is possible (not necessarily probable) that a lay person trying to defend a technical contentious litigation without professional representation could be deemed as negligent
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another sick charity/hospital arguing over money left after death! this subject is sick! as if not enough worry/frustration after a death taking place for those left behind, then when somebody (family ) challenges a bit of paper then what happens bad taste against departed comes to the fore in most cases and hefty charges again a will by over paid office clerks (solicitors), what a sick world we live in not human cared BUT money money money, what a mess history will log this as a very poor culture period!
pity those left behind on frivolous sick administration! by the way Good Morning! I have seen in the past the corruption in the name of person (who may not have been in normal state of mind - and a few people serving sentences for fraud/pressure on patients etc in care)Comment
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Thank you for your reply i am not ready to reply to the letter yet . I have concerns are they connected to the solicitor who drafted the original will they seem to know so much information that isn't public .Originally posted by des8 View PostComment
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Thank you for your interest you address alot my thoughts on this situations which amounts to several national charities chasing my uncles money with help of enthusiastic solitors.Originally posted by MIKE770 View PostComment
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When my wife was acting as executor there were several charities benefited for fixed sums. One of the larger charities, rather than a thank you, came back with a request for a copy of the accounts. Ignored of courseComment
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Had HMRC chasing tax on my 18 year old daughter who was in a coma ( eventually dies never came out of it) daughter only earnt basic and tax deducted by original employer, I went into HMRC saw an elderly lady pointed out that the situation in coma, she was aghast with the employer who had not informed tax people as over year had gone by, she apologised and I never heard any more. but very upsetting, let a lone went to Death Registrars register her death at 18 years old and he started making funny quips until he saw I was angry he then looked the the certificate and notice her age and apologised, told him too late for that ignoramus:-
also the consultant who did the operation on daughter which caused cerebral hemmorige was under investigation for others few years later and I contact the hospital as requested to be told death records only kept for 2-3 years so would not help enquiry to be told years later that it is not true? no wonder such a mess this system is?Comment
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Thank you for your advice it is very useful and i may use it in my first response to the L v N letter .Originally posted by des8 View PostComment
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Thank you for your advice it is very useful and i may use it in my first response to the L v N letter .Originally posted by des8 View Post
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Update to Hospital Will post 20/06/20 . I responded to L v N request through my solicitor Sept 2020 the solicitors challenging the will on behalf of 7 charities did respond Jan 2021 claiming Lack of Knowledge and Approval also suspicious circumstances . My response to the L v N request was done over the phone answering the questions on spot so was not ideal. I have since provided my uncles medical records and written statements from wife and i explaining my life long relationship with my uncle . The charities solicitors produced a typed attendance note from my uncles solicitor who attended my uncle in hospital with the brief to change or produce a new Will to make me executer and residue beneficiary. The solicitor claimed he was there 30 minutes but was only there a maximum of 10 minutes, he also said my uncle spoke clearly to him and went into great detail regarding his wishes which our solicitor said would have been impossible in 30 minutes let alone the 10 he was actually there. He also said there were 5 charities when there were 7 .My uncle was in the last stages of throat cancer his medical records clearly state he his very difficult to understand you must listen very carfully can write down his wishes and mouth words . The visiting solicitor makes no mention of my uncles condition or ability to communicate . My solicitor suggests the attendance notes were typed up long after the solicitors visit and for purpose of challenging the Will a request for his hand written signed notes has been made . My uncle signed my notes prior to draughting a new Will . At a ongoing cost £2000 so far i have been to a 2 hour face to face meeting with our solicitor who advised a meeting with a Barrister depending on the response from the charities solicitors £1650 per hour for a face to face meeting . We sent our response to them 8 July not had anything back yet , any thoughts on which way this is going .Last edited by C Sider; 27th August 2021, 15:32:PM.Comment
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As stated. When there s money involved the maggots crawl out of the woodwork. This happened to my Mums Auntie. Quite wealthy, Aunty passed on, there were passing comments that her property was in a very valuable area was going to be left to Mum, it was not, so eventually it was left to a very well known pet Charity, Mum went to look at the house after a couple of years, disgusting the condition the windows broken front door kicked in, a very nice house wrecked, needless to say, Mum just sat down and cried, follow up to the Charity it's ours now please do not call us again.Comment
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Acting as devil's advocate, the charities are bound to wonder at the validity of a will changed shortly before the donor's death, especially when that change removes them as beneficiaries.
Assuming the charities are employing a specialist contentious solicitors I would not be surprised if eventually your solicitor recommends coming to some sort of compromise agreement in an attempt to prevent the estate assets being swallowed up by costs.
It will not be quick.Comment
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Yes mediation as been mentioned . But it will be against the background of my uncle making a change to his Will which he tried to get done through the solicitor that draughted his original Will this solicitor did not give my uncle the service he was expecting. He then produced an attendance note that simply did not represent the meeting in time he spent with my uncle and the lengthy clear conversation he said he had with my uncle who could hardly speak. The solicitiors had LPoA over him they were the only executors they also have an estate agency business they had the residue of the estate going to 7 charities each on to receive 14% . The charities were not of my uncles choosing, the solicitors were heavily invested in my uncles estate and stood make alot money and be answerable to know one. So i got the impression the solicitor just did not want change anything. My uncles new Will was granted probate Feb 2020 the estate was fully distributed by June 2020 . If the original solicitor thought there were suspicious circumstances why didn't he apply for a caveat to be put on his new Will. My solicitors advice is to sit tight till they hear back from them.Originally posted by des8 View PostComment
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