Will Contested - 1 year after probate & 2 months after Distribution UK

[Guest]

Hi,

I am looking for some reassurance on our current family dispute regarding a relatives will.

The will is being challenged on the grounds of 'undue influence' and 'mental health'. Probate was granted April 2019 and the will then distributed in February 2020. We are of course seeking separate legal advice now but wanted to see if anyone could lay my mind at ease...

Today we received a request for information such as money received and how that money has been spent within a week from their solicitors. This despite the fact they haven't seen any medical records from the time the will was written (which will show no mental health issues). The undue influence relates to the fact family members were living with the relative so they believe that influenced (again i'm very confident this isn't the case).

Most of my basic internet research suggests that it will be difficult for them to claim this late in the process.

Does anyone have any advice/input on exactly what I can expect to hear from our solicitors and what the reality of the situation is?

Many Thanks!!

[des8]

You refer to "we"...... are you the executors?

If the solicitors requesting account details are not acting on behalf of certain classes of beneficiaries there is no requirement to give them those details (altho' it might be pragmatic to humour them)

"undue influence" is extremely difficult to prove. The possibility that it may have occurred will not be sufficient, it needs to be proved beyond doubt.

the limitation period for challenging the validity of a will due to coercion is 6 years.

The trouble with solicitors is they engage in letter tennis,*