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Beneficiaries don’t agree

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  • Beneficiaries don’t agree

    Long back story but snapshot -
    solicitirs are executors
    6 beneficiaries do not agree - one wants to change will via deed of variation but agreement is weighted in his favour ( he had independant legal advice)
    is there a point at which executors take control of situation or are beneficiaries expected to fight it out between them ?
    thank you . He’s put caveat on probate being applied for so stalemate,
    he won’t communicate with other beneficiaries

  • #2
    Why has this person entered a caveat? Is he challenging the will? Asking for a deed of variation suggests not, just that he wants the will changed.

    There is a procedure to 'warn off' a caveat. This tells the person who lodged the caveat to make his case or withdraw. More info: https://www.gov.uk/stop-probate-appl...20to%20resolve.
    Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

    Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

    Comment


    • #3
      He (the beneficiary) has had independent legal advice from a solicitor? That means nothing at all.

      He has had independent legal advice that the beneficiaries must start without him?

      Comment


      • #4
        Originally posted by atticus View Post
        Why has this person entered a caveat? Is he challenging the will? Asking for a deed of variation suggests not, just that he wants the will changed.

        There is a procedure to 'warn off' a caveat. This tells the person who lodged the caveat to make his case or withdraw. More info: https://www.gov.uk/stop-probate-appl...20to%20resolve.
        The beneficiary is living in one of the properties and he wants the house which the other beneficiaries have no issue with. But he wants us to sign something drawn up by his solicitor securing his position before removing the caveat. Solicitors are executors so I don’t understand why we are being placed in this position when the executors have the final say anyway, it’s so complicated now I don’t know which way to turn

        Comment


        • #5
          Originally posted by dslippy View Post
          He (the beneficiary) has had independent legal advice from a solicitor? That means nothing at all.

          He has had independent legal advice that the beneficiaries must start without him?
          Bit his solicitor has drawn up an agreement for the remaining beneficiaries to sign which is very biased in his favour , im nervous of signing it. A firm of solicitors are executors but they say they can’t advise us what to do and we have to take Independant advise , all seems so convoluted. I’m just wondering do the executors step in in these cases as ultimately they are in control.

          Comment


          • #6
            Either the solicitors are executors or the beneficiaries are executors. Which is it?

            Comment


            • #7
              Originally posted by dslippy View Post
              Either the solicitors are executors or the beneficiaries are executors. Which is it?
              solicitors are executors

              one of the beneficiaries has got their own solicitor and has drawn up an agreement for the others to sign as he wants to remain in the property . The wording of the agreement is biased to the one beneficiary, can the executors take control of the situation .

              Comment


              • #8
                The executors (solicitors) have said you should take independent legal advice. I agree that is what the other beneficiaries should do.

                The point is that any changes will affect you as beneficiaries, as will the cost of a potential dispute if you tell the executors just to get on with obtaining Probate of the Will. You as beneficiaries need to decide what you want, in the light of considered advice.
                Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

                Comment

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