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Beneficiary and Witnesses

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  • Beneficiary and Witnesses

    Hi all

    Can anyone help?

    A sole beneficiary instructed a solicitor to represent them in a despite Will. Those challenging the Will also instructed a solicitor. To gather all of the information the executor has been writing to both sets of solicitors. The beneficiary's solicitor was also instructed by the Witnmess, despite the objections of the executors. The beneficiary's solicitor then prepared affidavits for the two witnesses.

    Since that time, the solicitor has written a few letters to the executor, who has not replied. Eventually the executor wrote to the solicitor to ask them to identify which of their clients were the letters from as the correspondence does not say. The solicitor feels the executor is being unreasonable and claims the intention is to help those challenging the Will. The executor states that unless the solicitor provides this information they will not respond to questions raised by the solicitor. E.g progress of probate, issues about Will challenge etc etc.

    My question is:
    Can the solicitor represent the both the Witnesses and the Beneficiary?
    Does the executor have the right to insist the solicitor identify which of their clients are being represented by each of the letters they have written to him?
    is the executor showing a bias leaning towards helping those challenging the Will?
    Tags: None

  • #2
    Hi Earmuff1,

    I've located your previous thread so recall the situation now. Did the issue with the witnesses of the Will's incorrect affidavit get sorted? Who is contesting the Will now? Has the executor not appointed solicitors (I assume not from your post but just checking)

    It does sound like the executor is being obstructive but have they given no indication what their issue is having received affidavits (presuming the date issue was sorted)?

    Has your solicitor provided any options for how to try and get things moving?

    Does the executor believe they have a claim?
    I am a qualified solicitor and am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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