late fathers estate, step brother involved

[wales01man]

Re: late fathers estate, step brother involved

The Solicitor could offer any advice they care to give but your father can ignore it all which he may have ignored.

You need to find out if the will is GENUINE and the last one written by your father ,If you obtain probate you must carry out the instructions of the will or walk away and try to follow probate granted to the SB or seek specialist legal advice.

From the outside this looks a mess and you are thinking every scenario surrounding this sadly if you are cut out of the WILL you have to challenge its legality could be an expensive lesson to learn, sorry to say

[des8]

Re: late fathers estate, step brother involved

As Wales points out you don't know what the solicitor advised.
Solicitors carry out their client's instructions (unless they are illegal).

IMO if you intend to continue to pursue this, your only way forward will be to speak to a specialist contentious solicitor.

[adamk]

Re: late fathers estate, step brother involved

ive emailed all the local solicitors to my Dad's house to check for another will.

on that matter the solicitor who supossidly signed my Dads and SB's Mum's. have never responded with a positive record of them doing the wills. ive now sent them a copy of hers and essentially said "so this will isn't valid?".

I just don't see how if they made the wills at a solicitors they wouldn't have a record of the transaction, even if they did take them away with them. one of the solicitors I contacted near there new house even had records of the house purchase from 2003.

anyway they have gone off to double check once there archive person gets back off holiday.

for now im just going to let things ride. if this will is validated im going to be looking to at least get back the money ive spent doing everything so far before I sign over.

[des8]

Re: late fathers estate, step brother involved

Good luck and please keep us informed of how it pans out.
It might help others in a similar situation.

[adamk]

Re: late fathers estate, step brother involved

I guess at least I didn't start spending money on solicitors .

[adamk]

Re: late fathers estate, step brother involved

just a thought. if this does goto probate, I assume I can claim back what ive spent out, otherwise just sit on the forms until he does cough up?

[adamk]

Re: late fathers estate, step brother involved

apparently he has spoken to at least one estate agent to get the place valued, presumably to sell it.

[des8]

Re: late fathers estate, step brother involved

As it's registered in your name that will cause him problems!

[des8]

Re: late fathers estate, step brother involved

There is no time limit to have letters of administration revoked.
In Hewson v Shelley (1914), land was sold by a widow acting under agrant of letters of administration, which was revoked when a will was found someyears later.

[adamk]

Re: late fathers estate, step brother involved

so how does one protect against this?

[des8]

Re: late fathers estate, step brother involved

You can't:tinysmile_cry_t:
If a grant is revoked,the original personal representatives nolonger have power to act. However, s27 Administration of Estates Act 1925protects the personal representative and those who dealt with him, provided theyacted in good faith.

[adamk]

Re: late fathers estate, step brother involved

on the other side of all this:

Barclays have replied to my demand they pay back the money with an automated letter stating they thank me for informing me of the death and I don't need to do anymore as the account is empty :mad2: .

the pru meanwhile have not even written back to me after my initial letter nearly 2 months back.

[adamk]

Re: late fathers estate, step brother involved

if the case is a will can revoke my LOA at any time. how long have I goto wait in this Mexican standoff between me and him before I try making another move?

[adamk]

Re: late fathers estate, step brother involved

spoke to Barclays and there saying ive goto claim the £9.5k off my step brother. she also said they probably wernt investigating it as fraud, so I blew up and said why ask me to get a crime number then.

[des8]

Re: late fathers estate, step brother involved

If you are now of the opinion that he will is genuine, IMO there is little you can do unless you intend to contest it on the basis as outlined in post 112.
I can't now access the will, but I believe it left everything to your SB.
Although you have LoA, you are now aware a (probably) genuine will exists.
As mentioned previously s27 Administration of Estates Act 1925 protects the personal representative , provided he acted in good faith.
To continue to act as if in ignorance of that will's existence is not to act in good faith.
I do not see how you can continue to pursue this matter unless you intend to challenge the will.