challenging capacity not contents of the will

[prism70]

if 3 out of 5 siblings have agreed and 1 has then entered a caveat disputing my mothers capacity to make a will regardless of its contents and asking the basic how, when, why, who.
They are also saying that she has signed it under duress. But are no privy to the wills contents, so as the executor of the will and person applying to probate, it doesnt seem rational to receive a second solicitors letter already asking for the will and casting aspersions about me stealing from our mother, where all I've done to date is transfer the funds from 3 banks into an executor account.
If I could 'excite' the beagles attention by saying it maybe the first case you may have come across where a will is being contested without the challenger knowing what is in the actual will to be challenged. I find it extraordinary, they might be spiting themselves
So I think it's fair to say it's against me not the will at this stage and an intestacy scenario would suit them better. £400 for first letter. I have posted this hoping someone will have an idea on how I respond to such nonsense and still seem to be cooperating.
The only defence I have should they find she didn't have capacity if the onus gets put back on me is eye witness statements and video footage showing her state of mind on different occasions near the time of signing which I would prefer to be kept private. They were for me later in life. Rest in peace mam.
Hope you can understand what I've written and hope you can offer some insight. Much obliged

[des8]

Not the first time and won't be the last!

You need to co-operate with the solicitor requesting the details.
Legally you do not have to disclose the will, as it is private to the executors until a grant of probate is obtained.
However is there any reason for not disclosing it? Bear in mind the Courts expect cooperation between parties at all stages.

Was the will drawn up by a solicitor?
If so they should have a file covering all the details being requested.

You could just write to the requesting solicitor telling him you are seeking legal advice, (and then instruct a contentious litigation solicitor yourself)
This could become expensive and if you make an error you could become personally liable (did you effect executor's liability insurance?)
Your costs are payable out of the estate

If they should succeed in having the will declared invalid (unlikely) do they realise any extant earlier will then stands?

[prism70]

thanks for your time replying DES8. ive been resting from the situation which has changed considerably. hope you will find the time to respond to my posts. rather than go into all the details straight away about where im at with it all i will try to ask questions and fill as i go. hopefully your wisdom and others will help me along the right path.

[prism70]

The initial challenge was capacity and duress now they have added to it abuse of power. I found this out when I was asked to give a voluntary interview at the police station 29/ 07 /21.
I have obtained the med records and it is clear that they won't succeed down that road. Although they say my mam was having difficulty recalling them telling her about the tumour. In my opinion it's a lot to take in for anyone never mind the patient. She knew her age date of birth children's names where she was etc and the main one wanting to come home. This is all in her notes fromher first stay in the hospital.
So from sept she realised that she needed help with finances, bills, shopping etc. She gave me full consenther PIN numbers which she knew and I didn't need to change. So to cut a long story short because im am still so upset from reading the second set of med records. There are so many issues that are easy to see.
Professional negligence, which arises from a Macmillan nurse calling to the house. I announced I was recording the visit on my phone as a voice memo, for me to replay and my brother who couldn't attend. In my mothers medical notes on the first page a VA1 had been issued due to me using vile language and my sister calls her to one side and tells her a pack of lies. I need information about this because it is consistent throughout the notes and sets me in a bad light.
Unaware that my mothersfate had already been decided by my sisters. My brother and I were brushed aside and the sisters are bl;aming me for things I havent done. The hospital were willing to put a package of care together for her to come home but tthey turned it down and started proceedings to seend her to a nursing home.
I didn't know this at the time and was offering to buy a bed hoist and provide nurses to attend but all was ignored because of my sisters.
This is when I started to remove cash just in case I needed it to pay for staff or equipment.
Anyway when I was called to the police interview over fraud and abuse of power. All the money is in a different account set up as an estate account. Can't withdraw from it.
Now my sisters have done the same thing which I think they should have left it alone. But to them the will is invalid and they can do what they like. They are trying to get me removed as execuor, I really dont know.
My query if any one can help is as follows.
Can the police remove the money and put it into their account.
Will they tell me to do it.
How can I counter act what they are trying to do.
Am I acting responsible looking after my mothers estate and if so does that overule them. At least until the will issue is resolved.
The one sister wrote saying if I put the money into their account they wontinvole the police.
I provided the police with everything i've done to date everything above board just waiting to here from them. If they say I got to move the money I think I would prefer them to charge me and get a fair crack of the whip.
solicitors are expensive but i did have one in the interview and he told they wanted to know if i had consent . which i did its the girls trying their best to derail after what theyhave put my mother through in her last days. shocking to comprehend. its no way to grieve for someone so close.

[des8]

As executor you really don't need this hassle.

Only a court order can make you move the money from the executor's account.

As executor you derive your authority from the will, and unless and until a court rules otherwise it is for you to collect in and preserve the estate assets. However you should not distribute them, or pay any creditors.

Any costs you incur due to your duties as executor (and this includes solicitor fees) should be met from the estate.
Trouble is ,of course, as you have discovered legal advice is expensive and contentious litigation can soon eat into the estate value.

Your sisters presumably are irked to discover they are to receive a smaller legacy than either you or your brother

[prism70]

thanks for that DES8.

will they inform me that the courts will get involved or will i just have a letter through the door. i also think they will be trying to remove me as executor for misconduct.

something strange happened 2 weeks ago i received an email from probate asking for further information to advance the process. so i phoned the probate office and the caveat is still in place.

a word i remember you used is 'unscrupolous' regarding solicitors tactics.i replied to probate stating it would be careless of me to confirm anything while the caveat is in place. i dont know if things like this happen or i may have made another error.

they are making life so difficult that it seems now they are trying anything to save costs in the long run. with them involving the police. every day is a challenge

[des8]

The courts won't issue any instructions without there being a trial, so no unexpected letters.

As executor you actually have to remain neutral in any dispute, (although legally you don't have to give anything unless ordered by a court it is better to cooperate)

You should be consulting a contentious litigation solicitor yourself. If you make an error you could find yourself being liable for costs.

[prism70]

thanks again DES8 for your sterling information. very reassuring and thus far i have held off replying to their demands and have stayed neutral. i sent them a copy of the will. if they had any respect for our mother, regardless of the wills content, they would not have continued forcing issues to suit their agenda.

appreciate you taking the time to respond to my posts.

[prism70]

i replied to their last correspondence because they put a 21 day notice on it. everything i wrote they either denied happened (mainly payments made to them they say didnt happen but i have got the cheque book stub showing amounts paid to them) or that i am telling lies. the solicitor has requested telephone statements from both witnesse now.

if any one can answer these quetions i will be much obliged.

can the solicitor be held ccountable for writing lies about me on their behalf?

because they are twisting and making out that i am lying is it a good idea for the witnesses to write a sworn statement of the events surrounding the signing of the will. because it is obvious from their attempts to discredit anything i say due to their unscroupoluos behaviour.

how they can reply to me the way they have is beyond me and shows what lengths they will go to. is there any chance in the future of this claim that these lies will go against them?

thanks anyone if you have any input especially DES8.

[twohoots]

I really feel for you, being in a similar position myself. What a state of affairs when for £3 a person can put a caveat on a Probate application and cause all this fuss and heartache but when you try to do anything about it you end up forking out £600+ for a solicitor’s letter!

[des8]

Presumably the solicitor is asking for details surrounding their witnessing of the will.
I would certainly suggest that the witnesses to the signing of the will should only communicate with the solicitor in writing (keeping a copy for themselves and one to you as executor) but no need for a sworn statement.

Please do not accuse any of them (in writing anyway) of lying,: they are mistaken

[prism70]

Happy new year to everyone. Hope you all had the best festive season possible.

It's been a while since I've posted on this thread and would like to thank you DES8 in particular for confirming my approach was reasonable.

I responded to the solicitor's letters and sent the written declarations of their account of what happened on the day. I am wondering when it becomes harassment as they have both received 3 further letters requesting the telephone conversation interview. They are deeply upset and worried especially as they complied with the initial request in writing. They are also dismayed at the approach my siblings are taking against our late mother.

In addition to the above I sent written statements from my brother, his wife and all the relevant texts from us on the day in question. Furthermore I also sent a recording of our late mothers' recollection of her time in hospital and several other documents proving they have 'misremembered' certain information and that our mothers' capacity was fine.

Also I have been reading up on slander and libel etc and for any claim to be brought it has to be within 1 year. I am curious as to this time scale if I didn't know the things had been said about me until I received my late mothers' medical records. This was in June 2021. The nurse attended our home in December 2020.

I recorded and have since transcribed does not reflect what is in her medical notes. Negligence springs to mind. Not that I want to go down that road but they have definitely discriminated me while I was trying my best to do the right thing by my mother.

In fact between her and my 2 siblings misremembered details of what went on during the visit there was a VA1 (vulnerable adult) placed upon my mothers welfare and all my efforts to try and get her home to pass away were ignored. I can see why now.

I hope you can anyone make sense of what I am trying to say and they have extended the caveat until July as well. I know I could issue a warning but that would only allow them to send back and then it will be permanent until it goes to court. I don't want my mothers money wasted on court costs etc.

[des8]

The witnesses should write to that solicitor a short note telling him that they want all communications solely in writing.
That they find the continual unwanted telephone calls intimidating and that if the solicitors continue they will make complaint to the police under the Protection from Harassment Act 19, and also to the SRA

Just forget about the defamation.
If it occurred over one year ago and you have just heard about it, I doubt you could prove it has done serious harm to your reputation
Defamation Act 2013: "(1)A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant".
Also expensive to litigate

You could ask the solicitor to let you know what your sisters want.... it may be possible to come to an amicable (?) agreement

[prism70]

hi des8 been a longtime since ive wrote. the challenge isstill ongoingandihave receiveda letter from probate asking for me to allow a subpoena for a copy of the will. can i say no to this or shall i just allow it to happen. any help as always is most appreciated. hopeyou get a chance to repond.

[atticus]

Who is seeking the copy of the will? What reason might you have for not providing it?

This has been going on for years, with no apparent progress towards a resolution.