Will contest

[des8]

If*the court issues a claim form at the request of the claimant, the claimant has four months in which to serve it on the other party.
Really can't understand why the claimant would delay serving though.
What does your "executor" solicitor suggest?

[Family13]

We are awaiting phone call from executor solicitor. Hopefully he will ring tomorrow. That was just the question really, we can't understand why we haven't received or heard anything. This is what we thought, if they want to contest will, wouldn't they want to serve us as quickly as possible as once money is there we pass on to beneficiaries. We thought serving would stop us from doing that.

[des8]

If you are served with a claim you would be foolish as an executor to distribute the estate before the claim is settled as you could then possibly be liable* for any award made. Just in case IMO it would be wiser not to distribute until you are sure no claim is forthcoming.
Just hope none of the beneficiaries are desperate for their legacy.*

[Family13]

You are right. we are waiting till we speak to solicitor. Some of the beneficiaries are struggling but we cannot do anything about it until we know what is happening. The person who is contesting has always bullied and manipulated to get his way. It is sad really as he wasn't there for his mum and only came when she was on end of life care. We are still grieving and have to deal with this. But we are doing the right thing and everything is being done through solicitors. Hopefully we will see the end of it all soon. Thank you for your advice it is most appreciated.

[Family13]

UPDATE- We have spoken to solicitor and he is going to send a letter to their solicitor letting them know house is sold and asking when they are serving court proceedings (if they have) and they are holding monies up for beneficiaries. like you said they have 4 months and they could just be holding on to see if we try to negotiate in some way. So it's just a waiting game again. Hopefully things will get sorted soon.

[Family13]

Hi, just thought I would update .
Everything is still ongoing, solicitor from family member has sent court claim form with evidence etc.
We are upset by it all as this family member has been estranged for many years and wasn't there for mum and dad.
We are also angry that the estate is just under £ 200,000 but he is expecting £140, even though he isn't a beneficiary. There are 3 beneficiaries(they have also agreed)

We have got to the point that it is making us ill so have decided to split money equally between us all ( including family member who is causing upset)
Question is can he still expect for it to go to court to try to get more money.

It is sickening how some family members behave but we have just had enough, so this is the way we are looking at going.

Any advice please

thank you

[des8]

Who knows if he will be satisfied with 25%.
Suggest you negotiate through solicitor (if you aren't already) and get an undertaking that court claim will be discontinued

Settling out of court is normally the better option if it is at all possible as it relieves a lot of the stress, and could be cheaper than fighting a winning. battle

[Family13]

Thank you for your reply.

We are going to ask executor solicitor to send them a rundown of how much money there is in the estate ( as we think he assumes there is more that's why he is asking for more)
We will offer the same amount as beneficiaries. If he refuses he will have to take it to court, I am assuming the judge isn't going to give the non beneficiary more than the beneficiaries. Plus there won't be much money left if it does go to court.
It does make you wonder what is the point in doing a will if it is so easy for someone to contest it.

[des8]

IMO the problem is that England & Wales inheritance laws are antiquated and allow a person to disinherit their natural heirs.
It's called ‘freedom of testamentary disposition’
To challenge perceived injustice certain classes of person can lodge a claim, at which point lawyers are involved .................

Many other countries have succession laws which give certain classes of persons a legal right to a share of the deceased;s estate and so reduce the problem of contentious litigation. Although of course, people being people, it doesn't remove the risk entirely!

Anyway, good luck to you