challenging capacity not contents of the will

[prism70]

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.

hi ATTICUS thanks for your reply. the solicitor is requesting a copy of the will through probate. it is proate who have asked. they already have a copy. i cant understand why they would want another. i have no problem consenting to this but dont know where they are going with it. is it a costly process for them. i wanted to resolve the challenge but to no avail as yet. if i dont consent what could that mean. or is it easier to allow it to happen. thanks again for your reply and input.

[atticus]

I asked what reason you might have for not providing a copy as I am struggling to see one. If the will held by the Probate Office is identical to the copy you have already given, then just let this other party's solicitor have it.

[prism70]

Thank you for your answers appreciate yout time and effort. The solicitor has a copy of the will, thats how they know whats in it and the reason for the challenge. So i am at a loss as to why they want another copy. Thanks again for your reply. I will post here the outcome.

[prism70]

hi everyone who may read this and and any help will be appreciated. i allowed for a copy of the will to sent to their solicitor and tried to resolve it informally withe all the family. i have received a draft particulars of claim which they are prparing to issue to the court proceedings in the High Court.

my query is should i respond with the evidence i have to refute the claims or should i request of copy of the actual claim. the copy they have sent me has a 'DRAFT' watermark written on each page. would i be foolish if i sent me evidence at this stage which may allow them to change their information.

also my evidence is mainly video footage and voice recordings, do i need to apply to the courts using a special form to be able to introduce it into evidence.

hope this post isnt to vague and any help will be appreciated.

my approach was to reply confiming that i received the draft copy and was going to request a copy of the actual document not a draft copy. then send my defence to their claims. at this stage.

many thanks to who ever reads this and replys .

[atticus]

I see that again more than a year has passed since the last episode in this saga...

You are placing too much on the word "draft". You have been sent the document that the other party intends to issue if the case cannot be resolved.

Think about how you respond, in detail, to its contents.

You do not mention the content of the letter or email with which you were sent this draft. What response is called for? Is mediation suggested?

[prism70]

thank you ATTICUS for your prompt reply.

they are asking me to confirm whether the claim once sealed by the court and the particulars of the claim are to be served on me directly or whether i wish to nominate solicitors to accept service of the claim documentation

i have been thinking about going through each item with an explanation of my evidence which will refute their claims of capacity, undue influence, lack of knowledge of the deceased. should i just state that i have this information available. i dont think sending it along at this stage would benefit. i feel it would help them to change their information.

they already have accounts from the 2 witnesses and other family members have stated that deceased had capacity there was no undue influence and the deceased knew of the contents. i have video evedence on the day of her sound mind and other evidence that will shed a different light on their claims. but not sure how to incorporate it into the situation.

thanks for reading everyone who does

[atticus]

Then decide whether you will be engaging solicitors to act for you in the case that it seems will finally, at very long last, follow.

[prism70]

thank you ever so much i think im on the right lines to draw this to a close. youve been very helpful ATTICUS. much appreciated at this time

[Pezza54]

I have quickly read through the posts gong back to 2021. I was unable to find answers to the the following questions. Apologies if the answers are already in the posts

Who drafted the will in dispute?
Who was present at the signing of the will?
Who were the witnesses, friends, relatives, neighbours?
Are the witnesses still around and prepared to attend court if required?
Was there a previous will revoked by the latest will?
If there was a previous will, how did it differ from the latest will?

[prism70]

hi everyone. i have received the high court application and have acknowledged service. i have answered everything in their particulars of claim by admitting denying or request more indormation. the only thing im stuck on is the section in the N9D form. in the defence section it states to set out my defence in section 1. have i got to write it all out or can i just write see atached defence to the particulars to claim. or do i summarise it. it does give the option to use a seperate sheet of paper. so im thinking a using the attached document might be ok. thanks to anyone who reads this and can help.

[PallasAthena]

hullensien please will you start your own thread about your issue. It's gets very confusing if people are trying to advise two different posters on the same the same thread.

Copy your post to a new thread and then ask EXC to delete the post above.

[hullensien]

hullensien please will you start your own thread about your issue. It's gets very confusing if people are trying to advise two different posters on the same the same thread.

Copy your post to a new thread and then ask EXC to delete the post above.

- sorry - new to this - ive opened a new post - do i just message EXC

[EXC]

- sorry - new to this - ive opened a new post - do i just message EXC

No probs, I've done it.

[atticus]

hi everyone. i have received the high court application and have acknowledged service. i have answered everything in their particulars of claim by admitting denying or request more indormation. the only thing im stuck on is the section in the N9D form. in the defence section it states to set out my defence in section 1. have i got to write it all out or can i just write see atached defence to the particulars to claim. or do i summarise it. it does give the option to use a seperate sheet of paper. so im thinking a using the attached document might be ok. thanks to anyone who reads this and can help.

You can write "see attached" if what is attached is a defence that responds to the Particulars of Claim.