Caveat placed on Will , can solicitor demand witnesses new addresses?

[redrose281]

My FIL passed away in November. My Husband is Executor of his Will and applied for Grant of Probate but then my Brother In Law put on a caveat claiming FIL had been coerced into making his Will .

My Husband has tried to come to a compromise with his Brother to resolve matters but he doesn't want any sort of compromise, he wants my Husband to relinquish monies left to him in the Will which were left to him as repayment of a loan made by us to FIL which we'd said we didn't want him paying back until his death .

Since FIL made his Will, the two witnesses to the Will have changed address, (they are married to each other), Anyway, Brother in Law has employed the services of a Solicitor and that Solicitor has today emailed asking my Husband for his Brothers new address so he can send him a questionairre. Does my Husband have to give him his Brothers address? Is this Solicitor allowed to contact witnesses to ask them to complete a questionnaire? Please can anyone advise?

[Pezza54]

Who drafted the will?
The witnesses to your father-in-law's will are your husband's brother and his wife. Witnesses to a will should not be related to a beneficiary. Your husband is a beneficiary
Was a formal loan agreement signed by your husband and FIL and witnessed? Is the loan mentioned in the will?

Sorry your post is very confusing
It reads that your brother-in-law has employed a solicitor and the solicitor has written to your husband executor to find out your husband's brother's (your BIL) new address Surely your BIL would have told his solicitor when he was changing address

I could be wrong or right with my 2nd sentence above

[atticus]

just give the address. The witness can answer truthfully, to the best of his or her ability.

Or does your husband have something to hide?

[redrose281]

Hi Pezza54

Thank you for your reply.

I'm really sorry but I wrote my post in the early hours of this morning when I was having difficulty sleeping as it was on my mind. Then this morning I came on here to see if anyone had responded and I'd obviously dropped to sleep before pressing to post and so I posted it this morning without checking it and I have made a huge error so will try to correct my post now and please accept my apologies for the confusion.

The Will was drafted by a Will writing Company. The witnesses to the Will are married friends of my Husband, NOT my Husbands Brother and his Wife . There is not a formal loan agreement but it is first mentioned in Father In Laws Will made 30 years ago and in his later Wills too, (he changed his Will twice more but each time the loan was mentioned), it is also detailed in FIL's Letter of Wishes lodged with the Will.

Brother in Law's Solicitor has written to my Husband asking for the witnesses new address so he can send them questionairres.

I'm really sorry for my error, I hope this post makes more sense.

[Pezza54]

That makes more sense. Hopefully nothing to hide. It helps that the loan is mentioned in his latest will. Does the will state that the loan shall be repaid in full to your husband from his estate?

Having reliable witnesses to a will is very important A witness statement in a probate dispute can be crucial to the outcome of a claim

Please read the article "In a recent case the Court of Appeal emphasised the importance of witness evidence in a probate claim" at www.hughjames.com

Your husband should warn the witnesses of a possible future court claim and that they may be required to give a statement in court

[redrose281]

Hi atticus

No, my Husband has nothing to hide and I am deeply upset by your comment! This solicitor has asked numerous questions and asked for various documentation and my Husband has willingly supplied everything requested. However, this solicitor hasn't replied to a single request from my Husband, he has ignored every request !

[PallasAthena]

Please read the article "In a recent case the Court of Appeal emphasised the importance of witness evidence in a probate claim" at www.hughjames.com

Interesting article. It's on this page on the site.

The Importance Of Witness Evidence In A Probate Claim

[atticus]

Upset or not, give the addresses.

I think you said that the solicitor does not act for your husband: this means that he is under no obligation towards your husband but to his client.