Executor's fiduciary responsibilities to the estate.

[Dev'sAd]

Not wishing to discuss, merely to observe that you have just given an answer to a different question to the one originally asked.

But my answer counters what you said in your first reply; "That can be done. It has nothing to do with fiduciary duties."

I'm not playing games, I was just looking for clarification. From what I can see, it is very much a fiduciary duty, as the true beneficiaries would lose out - when I am nigh-on 100% certain they shouldn't.

Anyhoo.

[Dev'sAd]

An update at last. My friend has been granted probate. :-)

There was no evidence whatsoever that the second Will had ever existed as a ratified document, and there was evidence that the only known 'witnessing' process was carried out incorrectly. So, regardless of whether it did, or did not, ever exist as a 'valid' second will, the testator did not pass away intestate.

It's been a blast! An amazing experience gathering evidence and using it to challenge the other - legally-represented - parties. It became clear that both parties were trying to stall and add to 'our' legal costs - except we didn't have any. So they were finally worn down with us taking apart every sloppy move they made, of which there were quite a few - some being potentially fraudulent. And we can actually state that we knew more about practical case law than the other parties did - or perhaps chose to admit for their own purposes.

Thank you to the help offered on here, in particular Pezza54 and Pallasathena who were so free and open with their assistance. Some thanks must also go to Atticus, although his assistance was heavily caveated with some pompous willy-waving where his ego couched his advice, making it both frustrating and unpleasant at times. But, then, anyone who would unblushingly choose 'Atticus' as their username, well, you know...

Thanks all the same.

[atticus]

As you wish. Good luck to you.

[BlakSheep]

That must a huge relief and validating. Looks like you got the right result.

[Dev'sAd]

Thank you.

It was unquestionably the correct moral outcome, and fortunately the provably legal one too - once the other parties were obligated to hand over documents that proved the case. It only took 5 months for them to do so. But - it has only cost them in legal fees over this time :-)