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Probate, beneficiaries questionnaire, 1975 act

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  • Probate, beneficiaries questionnaire, 1975 act

    We are fighting probate and our solicitor recommends we provide proof of earnings/outgoings. Can the other parties solicitor or even a court find out our earnings/outgoings? I mean it is very easy to fake a bank statement, withdraw savings and lie about outgoings. Can a court find in favour of the poorer party and go against the Will in dividing up an estate?

    There are 4 of us and our spouses, the other party is just 1 person. The 8 of us work hard and save our money. The other party has decided to rack up debts to pay for bad solicitors who we suspect knew full well they won't win in court.

    We are going to mediation soon, we suspect they will want minimum 20% of the estate. If we decide to take it to court instead are we likely to win? Seems we are going to lose 20% either way, but at least if we win at court they will not get a penny.

  • #2
    [QUOTE If we decide to take it to court instead are we likely to win?.[/QUOTE]

    Impossible to say as there is not sufficient information.

    .The court can tear up the bequests as it says in the introductory text to the Act describing the court's power:
    An Act to make fresh provision for empowering the court to make orders for the making out of the estate of a deceased person of provision for the spouse, former spouse, child, child of the family or dependant of that person; and for matters connected therewith

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    • #3
      Seems like Wills are pointless if they can be so easily attacked by this Law.

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      • #4
        Not quite that easy as the claimants do have a number of hoops to jump through!

        Here's an article which explains the process better than I could: https://www.thegazette.co.uk/all-notices/content/103458

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        • #5
          Originally posted by des8 View Post
          Here's an article which explains the process better than I could: https://www.thegazette.co.uk/all-notices/content/103458
          Thanks for the article. It says "Be ready to set out all your income and outgoings and provide evidence of those."

          Does anyone know if it is possible to get hold of a persons financial details? Can a court for example make HMRC provide a person's P60 or a bank to provide a bank statement or a company to disclose a salary?

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          • #6
            The claimant will have to produce proof of financial details.
            The defendants can challenge the quality of the proof provided, and if the court agrees further proof is required it will order it be produced.
            Woe betide the person or company ignores a court order. Contempt of court is punishable by a fine, sequestration of assets and imprisonment:

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