Contesting a Will

[rigel]

That’s interesting information thank you. I’ll follow that up. After asking many times, a copy of the Will was provided. I’m not a Personal Representative, so couldn’t interact with any banks.

[rigel]

Just found out that the Executors are looking to clear the house already. I have personal possessions there. My mum only passed a few days ago…

[atticus]

Have you contacted the executors to make arrangements to collect your possessions?

[rigel]

Yes I have now. Didn’t realise they could act so fact before Probate.

[rigel]

Don't think anyone answered the question I asked before.

My father died Intestate. The property and cash were in excess of £250,000 back in 2018. My understanding is that I would be entitled to half a share of the remnant. But I didn't pursue this, so that I didn't have to hassle my mum and she was assuring me that I would still inherit in the future anyway.

There is a 12 year rule on intestate claims, but what happens if my mother has written a will since and not left me any share. Can I still claim on the original intestate situation? Would seem unfair if I couldn't, as a result of kindness.

[rigel]

Seems like nobody can answer the one parent intestate and the other with a will question?

I have something else to add.

Can a Director of a will company, who wrote a Testators will, who is the LPOA for the Testator, an Executor on the will they wrote and who is long-term and very close friends and ex working colleagues with the primary beneficiaries (who are not family members and were estranged from the Testator for 40 years and pointed the Testator to the will company) - also be an independent and impartial Witness to a will?

In a court case they would be called to verify the authenticity of the will they wrote themselves, which they are obliged to support as an Executor and as an LPOA to the Testator, they are representing the Testator and therefore attesting to the will as if they had wrote it.

Also the Testator had an episode in hospital just before the will and one days after the signing. In both hospital admissions, the Testator had severe hallucinations, attacked NHS staff, verbally abused patients and was racist and refused treatment.

There MUST be a conflict of interest here?

[rigel]

Has anyone got any thoughts?

[ZillyG]

Has anyone got any thoughts?

My mum tried contesting a will and found a solicitor that held a free hour session to see if the case was worth taking forward. The solicitor also gave advice free of charge. There might be one in your area and they would be able to answer the more in-depth questions.
I do think you have a pretty strong case.

[rigel]

Just to complete this thread.
Negotiation did eventually bring about a satisfactory conclusion to this matter, without any legal expenses.
In case anyone else comes across this...be persistent, polite and read up on case law...

[CharlieP]

Many thanks for the update. I'm glad your persistence paid off and appreciate the tips