Strange and Confusing Will / Probate Scenario

[flawless101]

Please can someone give me guidance for a friend who finds himself in a strange situation and he is not too sure what to do?

My friend has two brothers. His father died and left everything to the youngest two brothers (my friend in one of the youngest). A family friend is an executor.

This has irritated the eldest brother - who was the main carer for his father - and the eldest brother thinks that my friend had undue influence on what his father did and expects something - no matter how small.

My friend has received a letter from his older brother's solicitors stating that they are taking action against him for undue influence. He is named in the letter, not the estate. The letter does state that my friend should take legal advice. The letter also states the eldest brother would like something from the estate and is willing to sit down and go some form of mediation once probate has been granted - it has not as yet. The eldest brother solicitor is also threatening to enter a caveat if the brothers don't have some form of agreement with him. In fairness to the older brother, he does not appear to want much financially from the estate, just recognition.

My friend is not in a position to pay for a solicitor especially if costs start to mount up (he spends most of his money on fast cars and his girlfriend and has no savings). He has approached the executor who has told him that his father's estate will not pay any legal costs as the eldest brother is not suing the estate.

I have the following queries:

1. Is this usual for someone to take action against a beneficiary rather than the estate before probate has been granted?

2. What happens if my friend does not have the funds to engage a solicitor - will he be forced into some form of mediation?

3. Can he just ignore the solicitor's letters and then - once a caveat is entered - let the estate foot any legal bills?

[echat11]

des8 Can you please take a look and advise, many thanks.

[des8]

Are you sure the solicitors are threatening action against your friend for exerting undue influence?
If they are I don't see what good it will do them, or are they threatening to dispute the validity of the will due to undue influence?

If the eldest brother was the main carer for his father I have some sympathy for him if he has been disinherited and he probably has two shots at righting the situation.
One is to challenge the will's validity, and the other is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Either course of action is likely to cost the estate heavily (despite what the executor says!) and negotiation is to be preferred.

Ignoring it is not the way to go!
If the two younger brothers agree their sibling should inherit something, I would suggest they get together with him before their relationship deteriorates further and try and come to some agreement to vary the will.
Whether they do it through a mediator or over a cuppa/beer is up to them

[flawless101]

Are you sure the solicitors are threatening action against your friend for exerting undue influence?
If they are I don't see what good it will do them, or are they threatening to dispute the validity of the will due to undue influence?

If the eldest brother was the main carer for his father I have some sympathy for him if he has been disinherited and he probably has two shots at righting the situation.
One is to challenge the will's validity, and the other is to make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.
Either course of action is likely to cost the estate heavily (despite what the executor says!) and negotiation is to be preferred.

Ignoring it is not the way to go!
If the two younger brothers agree their sibling should inherit something, I would suggest they get together with him before their relationship deteriorates further and try and come to some agreement to vary the will.
Whether they do it through a mediator or over a cuppa/beer is up to them

Many thanks for your reply.
I believe that they threatening to dispute the validity of the will due to undue influence.

By the sounds of things, he may have a claim under the Inheritance (Provision for Family and Dependants) Act 1975 as you mention.

Talking to my friend, it appears that one of the brothers is happy to offer something to the eldest brother but my friend - who can be very obstinate at times - is just refusing to budge.

Am I right in thinking that should my friend just keep ignoring solicitor letters, then eventually - after probate is granted - then the estate will pick up all legal fees?

Also, any legal fees racked up before probate is granted, will they be the responsibility of my friend or can the estate cover them after probate has been granted?

[des8]

Your friend should really obtain professional advice from a solicitor specialising in contentious litigation as the law in this area is extremely complex
He needs at least a single fixed fee consultation to see what his options are

If he is not prepared to try and come to an arrangement it is most likely IMO that his elder brother (or solicitor) will enter a caveat to stop the grant of probate.
How the matter develops from their depends on whether or not they come to an arrangement.
If they don't and it goes through warnings and appearances to a full court hearing costs will likely run into tens of thousands
The stress is enormous.

Whatever he chooses to do, ignoring the solicitor is not a wise course of action.
How to pay for his costs is a matter he should take up with his solicitor.... if he just ignores and refuses to cooperate in the process it is possible the court will award all costs (his own and his brothers) against him personally.
It is often thought that costs always come out of the estate, but that is not always the case.