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This was my original post - update at the end and any assistance really appreciated
Evening - Briefly both parents died within 5 months of each other.- I am one of 4 siblings - I am number 4.
Mum died 2nd in early 2022 and in the 5 months after Dad died she rewrote her will, she disagreed entirely with his split between the 4 siblings - he had split it (no 1 - 49%) (no 2 - 49%) (no 3 - 1%) (no 4 - 1%) and had it rewritten to be a straight 25% each sibling.
Once Mum had died number 2 sibling was not happy about this at all and went to a solicitor who issued us with emails stating that they would be arguing the validity of the will.
They are claiming Mum was not mentally able to make a will (she had it independently witnessed by a nurse who has known her for years) and also coercion by sibling No 1 who arranged the new will to be written - this in itself laughable as no1 loses a substantial amount by having the new will written.
In June 2022 we instructed a solicitor to assist us in hopefully resolving this in a timely and cost effective manner as our sibling was just not able to have a rational conversation with.
Since June we have spent 9k on letters going back and forward to our sibling and they have even changed to a new solicitor and yet we still have not received an official claim of what they are seeking.
Our solicitor is saying we just have to wait and we have no right to give a time demand - that we could make an offer or if we are not happy go to court which would cost us 10k to get there and then 150k once in court.
We don't feel we are being dillusional in feeling we have a good case but also just need this to make progress - this standstill is doing nobody any good.
Any suggestions ??
apologies for the no1 no2 etc - all very cloak and dagger just keeping it anonymous !!
UPDATE DEC 23
So since I wrote this original message we have changed solicitors and have now spent 40k. Sibling #2 was offered mediation, she refused. We asked what it was she was seeking and it was 65% of the total amount - this is just not reasonable. Sibling #2 has a building my Mum lived in and since she died has received 23k in income and also has the property so they are quite happily sitting waiting and just stringing us all along. Sibling #2 is now requesting mediation but we are just reluctant to spend another 16k quoted if they are seeking such a huge percentage.
A kind forum member asked if we had issued a citation which we havent and I dont know how this would work so help on this would be helpful
The 2 year anniversary of our Mums death is coming up in February, someone has mentioned that at that point my sibling would be forced to take us to court or accept the will - is this correct ?
We knew this would be a tough battle and a sad one, our Mum and Dad would have been so upset to see so much money spent on solicitors when Mums wishes were so clear so anything we can do to move things along would be so useful.
Regards
Evening - Briefly both parents died within 5 months of each other.- I am one of 4 siblings - I am number 4.
Mum died 2nd in early 2022 and in the 5 months after Dad died she rewrote her will, she disagreed entirely with his split between the 4 siblings - he had split it (no 1 - 49%) (no 2 - 49%) (no 3 - 1%) (no 4 - 1%) and had it rewritten to be a straight 25% each sibling.
Once Mum had died number 2 sibling was not happy about this at all and went to a solicitor who issued us with emails stating that they would be arguing the validity of the will.
They are claiming Mum was not mentally able to make a will (she had it independently witnessed by a nurse who has known her for years) and also coercion by sibling No 1 who arranged the new will to be written - this in itself laughable as no1 loses a substantial amount by having the new will written.
In June 2022 we instructed a solicitor to assist us in hopefully resolving this in a timely and cost effective manner as our sibling was just not able to have a rational conversation with.
Since June we have spent 9k on letters going back and forward to our sibling and they have even changed to a new solicitor and yet we still have not received an official claim of what they are seeking.
Our solicitor is saying we just have to wait and we have no right to give a time demand - that we could make an offer or if we are not happy go to court which would cost us 10k to get there and then 150k once in court.
We don't feel we are being dillusional in feeling we have a good case but also just need this to make progress - this standstill is doing nobody any good.
Any suggestions ??
apologies for the no1 no2 etc - all very cloak and dagger just keeping it anonymous !!
UPDATE DEC 23
So since I wrote this original message we have changed solicitors and have now spent 40k. Sibling #2 was offered mediation, she refused. We asked what it was she was seeking and it was 65% of the total amount - this is just not reasonable. Sibling #2 has a building my Mum lived in and since she died has received 23k in income and also has the property so they are quite happily sitting waiting and just stringing us all along. Sibling #2 is now requesting mediation but we are just reluctant to spend another 16k quoted if they are seeking such a huge percentage.
A kind forum member asked if we had issued a citation which we havent and I dont know how this would work so help on this would be helpful
The 2 year anniversary of our Mums death is coming up in February, someone has mentioned that at that point my sibling would be forced to take us to court or accept the will - is this correct ?
We knew this would be a tough battle and a sad one, our Mum and Dad would have been so upset to see so much money spent on solicitors when Mums wishes were so clear so anything we can do to move things along would be so useful.
Regards
