Sole Beneficiary

[Nonethewiser]

I’m wondering if this is all going to end well.

A lifelong school friend had been unwell for some time and he died last year making me sole beneficiary. I knew he had family but they weren’t that close. Now they are querying the validity of the will. Is this going to get expensive?

[twohoots]

I am not a legal expert but I am thinking it could get expensive for the family but I can’t see how it would be for you. Your friend must have thought the world of you.

[EnglandPi]

It’s very difficult to contest a will because in this country anyone can leave their estate to whoever they like.

[M.Cox]

I am not a legal expert but I am thinking it could get expensive for the family but I can’t see how it would be for you. Your friend must have thought the world of you.

Agree!

[des8]

Get expensive??
Depends on how far they take their dispute.

Who is executor?
Was the will drawn up by a solicitor?
Have the family entered a caveat to stop probate whilst they investigate the possible grounds for a claim that the will is invalid?

If they decide they can't challenge the will on grounds of invalidity, they might well try a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

It then depends on whether or not you can come to an arrangement with them, on how far you will dispute their claims, on whether or not it reaches court as to how much it will cost
Sometimes contentious litigation costs devour the total value of the estate.

[Nonethewiser]

I am not a legal expert but I am thinking it could get expensive for the family but I can’t see how it would be for you. Your friend must have thought the world of you.

I'm guessing it could be expensive for both sides depending on how far it goes.

[Nonethewiser]

It’s very difficult to contest a will because in this country anyone can leave their estate to whoever they like.

Let's hope they have no grounds

[Nonethewiser]

Get expensive??
Depends on how far they take their dispute.

Who is executor?
Was the will drawn up by a solicitor?
Have the family entered a caveat to stop probate whilst they investigate the possible grounds for a claim that the will is invalid?

If they decide they can't challenge the will on grounds of invalidity, they might well try a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

It then depends on whether or not you can come to an arrangement with them, on how far you will dispute their claims, on whether or not it reaches court as to how much it will cost
Sometimes contentious litigation costs devour the total value of the estate.

I don't really know them that well, not since we were kids. So can't judge their resolve.

I'm the executor too, not that I've ever done it before.

Yes the family have entered a caveat.

Ok understand your point on costs. I imagine, even though I'm the only beneficiary, I'm not allowed to pay out of the estate for any solicitors costs?

[Nonethewiser]

Get expensive??

Was the will drawn up by a solicitor?
.

Sorry missed that bit. The will was with a local solicitor, but they didn't draw it up. I've no idea if it was done by a solicitor or not. How can I tell?

[des8]

You are now in a waiting game.
As they entered a caveat, they should be looking for reasons to challenge the will's validity.

There are only limited persons & reasons for challenging the validity of a will
The challenger has to be spouse/civil partner/ cohabitee/child or a person who is expressly mentioned in the will, or in a previous will.
The reasons are lack of testamentary capacity/not executed properly/undue coercion & fraud
It is for the executor to prove the validity of the will
In the past costs would fall on the estate, but more recently there have been cases when the challengers have, on losing, received an adverse costs order.
A lot depends on circumstances and you should be guided by your solicitor (preferably one who specialises in contentious litigation)

If there is a claim under the Inheritance Act it will be made against you as beneficiary.
As executor you have to remain neutral... it can be a difficult balancing act wearing two hats!

As executor, if you instruct a solicitor to settle the estate, his costs are payable by the estate


If the will was drawn up by a solicitor, he will have records detailing various things that will help prove validity.
If you have instructed a solicitor, ask them if they think it was professionally drawn up

[Nonethewiser]

Little update. I’ve now had what I believe to be a ‘letter of claim’ from their now solicitor. It looks like a letter copied from the internet but could have equally been copied from your answer above Des - Testamentary capacity and not executed properly, so I guess almost all letters go out like that. Though they do seem to have a statement from the witnesses, that I’ve not seen, now saying they didn’t see the Will signed by my mate, even though they signed it! so I’m confused.
I think my next step is to engage a solicitor.

[George456]

I wonder if the will includes any statement as to why it was written in the way that it was, ie overlooking the nearest and dearest in favour of a friend? I would hope that in drawing up the will, any decent solicitor would strongly suggest this, in view of the strong likelihood of the will being challenged after death.

[seduraed]

The witnesses do not need to know the contents of the will. They only need to verify that the testator signed the document which was the will.

[Nonethewiser]

I wonder if the will includes any statement as to why it was written in the way that it was, ie overlooking the nearest and dearest in favour of a friend? I would hope that in drawing up the will, any decent solicitor would strongly suggest this, in view of the strong likelihood of the will being challenged after death.

There’s no statement I’m aware of, but maybe my solicitor will find something.

[Nonethewiser]

The witnesses do not need to know the contents of the will. They only need to verify that the testator signed the document which was the will.

Not sure if they read it, they must have seen it because they definitely witnessed it and they’re not denying that, they’re just saying my mate didn’t sign it in front of them - that’s why I’m so confused. As I say I’ve not yet seen what they’re telling the other side's solicitor. Be interesting when I do though.

I’d definitely recommend to anyone thinking of making a Will to use a proper solicitor, then there would be less doubts.