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Can P&C letters be used as evidence?

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  • Can P&C letters be used as evidence?

    If a witness / beneficiaries to a Will being investigated answers questions following the same style as to what the Executor's legal rep wrote by adding "private & confidential" on their letter, can the letter be used as evidence?
    Everyone, who has problems with the Will, wants their evidence in the open. Does it matter about the writing of private & confidential in replies and not really understanding how it works?

    How does P&C work?


    Or

    Is it easier for the witness / beneficiaries just to repeat what they said without adding P&C?


    The Executor's legal rep is saying effectively they are waiting for reply when we know the P&C reply has been sent containing a telling off of the legal rep bht still answering the questions anyway.

    Any legal pointers please?
    Tags: None

  • #2
    Yes, they can be used; they are not privileged from disclosure, and if relevant must be included in a disclosure list in court proceedings.
    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
      If the solicitor for the Executors disregard sthe P&C letter as evidence, can the beneficiaries produce it?

      Comment


      • #4
        see post #2.
        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


        • #5
          If you would like me to say anything further, I suggest that you try to explain the situation further. I do understand the wish not to give details that others may be able to identify.
          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


          • #6
            Over 2 years later... It's still contentious probate with no conclusion, yet, as to the investigation into the Will. Caveat not been warned off...

            The Executors' legal rep has been asked if they wish to correct anything they've written.

            Simply put the legal rep claimed they are waiting to hear from a witness to the Will. But that's untrue... The witness is having none of it as they wrote to the legal rep 3 times and the legal rep responded twice. But the letters are headed private and confidential.

            How can those contesting the Will use the P&C letters?

            Comment

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