wills, probate and leagl

[Sancus]

Hi all,
I was hoping that someone would advise, My brother has made a vexatious claim against my Fathers estate. He with the help of my sister has trawled several legal forums and contacted solicitors online with varied accounts of what he feels to be the situation in regards to my fathers will. He/she has made several claims that range from wild exaggeration to down right lies. They are taking bits of information from each reply on a forum or solicitor and adding them together to make a "Valid" claim. He/she has said that they will see the will dragged to the courts until there is nothing left. They are of the opinion that their costs will be covered through the estate. My questions are 1) how much advise can online solicitors give before they start to ask for documented proof of claims made, is everything that is stated online (forums etc) taken as truth. 2) Is there such a thing as "no win no fee" in regards to contentious wills, surely there has to be some out lay of fees until a court decides who is ultimately liable 3) There is documented proof of the lies that have been said, can they be sued for slander.
Sancus

[des8]

Re: wills, probate and leagl

Hi and welcome.
To answer questions first:
1)advice from a solicitor, online or face to face is solely his opinion, based on his knowledge and experience.
It is unwise to accept any such advice as absolute truth
2) it is possible to arrange contingent fee insurance (no win no fee) for contentious probate
3) one may sue for damages following a slander. Difficult to prove and best avoided.

Would you care to tell us more about your problems?
It seems your father left a will, you are the executor? and your siblings feel they have been unfairly left out? (or am I miles adrift?)

[Sancus]

Re: wills, probate and leagl

Hi des8,
No I'd say your spot on, Its causing terrible fighting, but the lies are the worst. My father knew exactly what he wanted prior to his death, his will made 20yrs ago was updated in 2009, no real difference only larger bequests for siblings but they are still not happy seems they want everything (no joke), yes I am executor along with my mother.

[des8]

Re: wills, probate and leagl

The only real grounds for contesting a properly drawn will in England and Wales are by demonstrating undue influence or by proving a lack of testamentary capacity.
The financial problem is the cost of defending any vexatious claims they may bring, but I don't understand why they feel their costs will be met by the estate (if they should lose).

Do you want to give us a brief idea of their case for overturning the will?