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Disappointment

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  • Disappointment

    Hi
    I have placed a caveat with the probate registry and expecting a warning any time. I was an executor in the previous will in which the beneficiary was an immediate family member; our child.
    As the time went by the testator suffered from heart disease, arthritis, depression, prostate and in early 2018, he was diagnosed with Throat cancer. Being an ambitious person, who wants to achieve more and more, this diagnosis shocked him so badly.* He continued with both radio and chemotherapy but his condition deteriorated. He refused to be on peg feeding. Then his body did not benefit from further treatment. It was the time when the doctors confirmed that he would die very soon. Immediately after his sister and his niece made empty promises and influenced him to change his will, make another one which the niece will be an executor and the main beneficiary. This happened when he was gravely ill and soon after he died. While he was gravely ill, the beneficiaries kept phoning, gossiping about his previous girlfriend and believing that the ex-girlfriend keeps visiting in return for some financial expectations. They never mentioned that they convinced him to sign another will in which they are the main beneficiaries. They gave me a lot of misleading information. Apparently nothing was true. After the testator's dead, they stopped the communication and ran away from me. The testator is my ex partner whom I was in relationship for over 15 years and we were good friends for almost 26 years. Ultimately our son was left out with nothing.* I asked a copy of the recent will. They ignored my request and after placing the caveat, they caused damage to my car a few times but unfortunately there are no witnesses to encourage for legal action.
    Currently, the same, not trusted solicitors are acting for them. These solicitors are the ones who drafted the will and they know each other very well.* These solicitors ignored all my requests and did not want to share a copy of the will with me.* They keep threatening me with costs if I do not want to remove the caveat. I have yet instructed a solicitor, attempted three times to obtain the deceased's medical records however, the hospital refused to provide. It sounds as if I need a dissent solicitor but cannot afford for the time being.*
    Any advice would be appreciated
    Tags: None

  • #2
    So if the estate was large enough it would be registered and you can obtain a copy of it without having to contact the executor.

    Comment


    • #3
      I'm sorry to hear of your loss.

      If you intend to dispute the validity of the will on the basis of undue influence you have a mountain to climb.
      It is not sufficient just to show the possibility existed, but that undue influence was actually exerted.

      You have no evidence to show that the father of your son was lacking capacity, so that will not be a factor you can use.
      Until probate has been granted the will remains a private document.

      Your better way forward might be to lift your caveat and then, when probate has been granted and you have been able to obtain a copy of the will, make a claim for your son (I assume he is still a minor) under the
      Inheritance (Provision for Family and Dependants) Act 1975.

      Comment

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