Disputing a Will after a grant is issued.

[Pantodame]

Hello. Can anyone suggest a course of action when a grant has been issued but there is a dispute over the Will? The grant has been issued very quickly before a caveat could be submitted.

[PallasAthena]

From a practical point of view, have the Executors distributed the Estate yet?

[atticus]

This appears to be urgent. I suggest that you take legal advice from a specialist.

[Pantodame]

From a practical point of view, have the Executors distributed the Estate yet?

We just don’t know as yet, we think any cash may have been but not the property

[Pantodame]

From a practical point of view, have the Executors distributed the Estate yet?

We think the cash may have been but the property hasn’t as yet

[Pantodame]

From a practical point of view, have the Executors distributed the Estate yet?

Yes it is urgent and we are trying to act as quickly as we can. Unfortunately the parties involved cannot attend any appointments so we are looking for a way to delay things.

[Pezza54]

A letter from a solicitor to the executor or executors warning them that there may be a legal challenge to the will, should prevent the executor(s) from distributing any more funds from the estate

[PallasAthena]

We think the cash may have been but the property hasn’t as yet

When you see a specialist solicitor get their advice also on the practicalities of recovering estate assets if they have already been distributed in good faith. What happens if the beneficiary has spent the cash distributed to them?

[Pantodame]

From a practical point of view, have the Executors distributed the Estate yet?

Yes it’s urgent and we are trying. We just want to do something immediately. We need to enter a restriction .

[Pantodame]

Yes it is urgent and we are trying to act as quickly as we can. Unfortunately the parties involved cannot attend any appointments so we are looking for a way to delay things.

The Solicitor acting for the executors has ignored all letters. I have the Will now and there is no reference to to those excluded so the general feeling is there won’t be much we can do. I was in the process of a Larke V Nugus request, but it doesn’t seem much point.

[Pantodame]

A letter from a solicitor to the executor or executors warning them that there may be a legal challenge to the will, should prevent the executor(s) from distributing any more funds from the estate

The general feeling is it’s lost cause, the only claim we would have is coercion but proving that is going to be difficult.

[Pezza54]

The claim by a potential beneficiary against a will, that they are not mentioned (possibly forgotten) is stronger than if the the beneficiary is mentioned and a small pecuniary gift is left to them

[Pantodame]

The claim by a potential beneficiary against a will, that they are not mentioned (possibly forgotten) is stronger than if the the beneficiary is mentioned and a small pecuniary gift is left to them

It’s complex as these things are. There is no mention at all. The previous belief by the testator was that one person had received their inheritance in their lifetime. This turned out to be a lie perpetrated by the deceased spouse. It transpires that this lie was taken as fact by the surviving spouse which is reflected in the most recent Will. We have been told that as the individuals were not even mentioned they have little hope of a successful claim. What we are trying to do is lodge a restriction at land registry to stall proceedings whilst the facts can be gathered. But it seems this is futile if the Will is clear.

[Pantodame]

The general feeling is it’s lost cause, the only claim we would have is coercion but proving that is going to be difficult.

Interesting. I was told that unless mentioned there is little hope. Can an excluded beneficiary apply for a Lark request? Yes I know I can get specialist advice, but we all want to know the reasoning asap.

[Pantodame]

The general feeling is it’s lost cause, the only claim we would have is coercion but proving that is going to be difficult.

nteresting. I was told that unless mentioned there is little hope. Can an excluded beneficiary apply for a Lark request? Yes I know I can get specialist advice, but we all want to know the reasoning asap