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Do all Beneficiaries have to agree to take action?

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  • Do all Beneficiaries have to agree to take action?

    Any help would be appreciated

    It now appears that the "neutral" Executors no longer defend their position that they have no problem with the last Will. However, if most beneficiaries either do not engage or decide not to take court action, can it take just one or two beneficiaries to instruct the Executors to initiate court action to validate the Will?

    Would it be that those one or two Beneficiaries will have individual liability for costs win or lose?

    Tags: None

  • #2
    Please read the article "What Happens if a Will is Not Followed in the UK?" at www.fundermentalwills.co.uk

    Your questions to this thread and your previous threads about the same topic are answered in this article

    Executors have legal responsibilities to follow the will and to look after the interests of beneficiaries. This may include ensuring a sealed warning document is obtained from the Probate Registry and serving it on the caveator in addition to defending any legal challenges to the validity of the will on behalf of the estate

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    • #3
      I understand but in this case there is a Caveat.

      I was wondering if the Executor's should go along with the couple of replies from those Beneficiaries who are engaging with the Executors, where those replies make sense e.g. get will validated or warn off caveat. Or is it majority vote of some kind...

      Comment


      • #4
        My last sentence in post 2 states what the executors should do if a caveat is filed
        Why do you think the executors should get the will validated? Do you think the will wasn't witnessed properly or there was coercion?

        Comment


        • #5
          The witness claims they didn't know it was a will and didn't see the testator sign and sent evidence to as many people as possible including the Executors. The Executors who made the will refuse to say how they got the testators instructions. The Executors are telling the Beneficiaries of their options to do things which are all connected to going to court but the Beneficiaries l know keeping asking (like l do!!!) why can't the Executors warn off the caveat and go to court on their own accord as they use the term propound...
          So, yes, looks like there was interference in the testator's will making especially when they could not be contacted directly (and alone) by any method of communication!

          Comment


          • #6
            You have started 23 threads. Are they all about the same case?
            Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

            Guides and handbooks for Litigants in Person - :

            https://legalbeagles.info/forums/for...60#post1701560

            Comment


            • #7
              The main purpose of having 2 witnesses is so that if one witness dies, loses mental capacity or can't remember signing the will or be traced, then in a dispute about the validity of a will, the court may decide to rely on the 2nd witness's statement

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              • #8
                23 threads, 23 thoughts. Apologies...
                2 cases
                As l understand it then... it's firm action against the Executors then.

                Comment


                • #9
                  Originally posted by JustAThought View Post
                  23 threads, 23 thoughts. Apologies...
                  2 cases
                  23 pieces from 2 puzzles.
                  Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

                  Guides and handbooks for Litigants in Person - :

                  https://legalbeagles.info/forums/for...60#post1701560

                  Comment

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