Black Sheep wants to contest will

[Mr.P]

Have been appointed the executor of an estate and am in the process of applying for probate. The will is fairly straight forward with just two named beneficiaries, so once all the assets have been identified, it shouldn't take too long to wrap up. However, one fly in the ointment turned up ranting and swearing to the point that the police were called.

 

The two main points of contention were:

 

• The Black Sheep had not been notified of the funeral.
  
• Nothing was bequeathed to the B.S. (the will specifically stated that he was to receive nothing).
  

His parting shot as he was escorted off the premises was that he would seek to contest the will. I suspect the deceased had anticipated this as a statement from her GP is included declaring that, in his opinion, there was no evidence of mental impairment. As there has been no contact between the B.S. and the deceased for over twenty-five years (not even a Christmas or birthday card), I don't see there is any grounds to contest the will. That said, I have come across a few (questionable) solicitors advertising a 'no win, no fee' service: I suspect the indemnity fee would be quite steep if they decided to take on a case.

 

Aside from having to challenge a caveat if one is lodged before probate is granted, what are the prospects of any legal proceedings holding up probate ?

[Mr.P]

The testator had made a solo trip to consult a large, local firm of solicitors who prepared and witnessed the will. They would not release the will until a death certificate was produced and they have retained a copy of the will. That would rule out points 1, 4, and 5. The GP statement (dated a few days after the event) confirming mental capacity would negate points 2 and 3.

 

As the B.S. has never done a days honest work, it is highly unlikely he would have the funds to pay for an initial consultation, let alone enough to initiate court proceedings. I'm inclined to think that the shouting and threats was an attempt to get something out of the estate even if it was only a few pounds. But there are a few solicitors and paralegal "experts" out there lacking a moral or ethical compass, so I half expect a letter or two in the post before too long.

[Mr.P]

My OH is also dealing with an estate that has a couple of problems and these people have been very helpful.

 

I contacted the people you linked to and they offered to send someone round for a consultation. The meeting never took place and I have yet to receive a reason or a proper apology - The subsequent telephone call turned in to a sales pitch for their services, which based on form to date, I have no confidence in.

 

Looks like the B.S. is going through with his threat of contesting the will. Had a letter turn up last week from a solicitor demanding a copy of the will.

 

Question: Are we legally obliged to provide a copy, or do we instruct them contact the Leeds Probate Registry ?

[Mr.P]

No, legally you don't have to provide a copy if the will.

 

What relationship to the deceased is the BS?

 

The B.S. is a deranged/disowned son (over 40) from a previous marriage.

 

I am currently inclined to reply and tell the solicitor to go whistle, and if they are desperate to see a copy of the will before probate is granted, go get a court order. If nothing else, it will incur a considerable legal bill for the B.S. which will have to come out of his own pocket.

[Mr.P]

Tempting but not a good idea. Would make the executor look extremely unprofessional and childish.

 

Agreed. However, I am inclined to engage in a bit of letter tennis on the basis that each missive that the sols post will incur a sizeable fee for the B.S. Don't know how much a back water firm charges, but I suspect it isn't going to be peanuts.

[Mr.P]

Unfortunately, there was a ruling from the high court overturning a will where an estranged daughter had been excluded from a will: http://www.bbc.co.uk/news/uk-england-beds-bucks-herts-12919694

 

Have been confirmed by the guys at the Bereavement Advice Centre that I don't have to provide a copy, so a short note to that effect will be on its way shortly. If nothing else, it will cost the B.S. a bit more if he wishes to respond Think of it as payback for having the police attend.

[Mr.P]

Letter posted:

The contents of the will is a confidential matter until probate has been granted. Once the document has been registered, you can obtain a copy through the appropriate channels.

[Mr.P]

Reply received. Reading between the lines, they didn't appreciate being instructed on the process of obtaining the will via the Probate Registry

Still demanding a copy of the will so that they "can advise their client accordingly".

 

I'll ponder on drafting a pithy reply when I have some spare time. Suggestions for some big words would be appreciated, the more arcane and obscure, the better.

[Mr.P]

Another letter dropped through the letterbox yesterday: We note that you have not applied fro probate yet...blah,blah.... We would like a copy of the will and value of the estate in the next five days.

 

Now, is that five days from when I received the letter, when it was posted, or originally typed up (not that it really matters). I'm of the opinion to reply pointing out that if they have had any experience of probate, they would know that these things take time.

[Mr.P]

Your first posted May 20th and you haven't applied for probate?

 

It has taken us a while to identify and value all the assets. There were quite a few stocks & shares scattered around, and even now, we are not sure if everything has been identified. Probate has been applied for, and the grants are expected to arrive shortly. As there is no Inheritance Tax to pay, and the beneficiaries are not in any immediate financial difficulties, there is no pressure to conclude matters quickly.

[Mr.P]

Oh dear, its so easy to make nasty comments about so called black sheep.

 

Indeed, it is easy. However, I will endeavour to keep my comments factual and honest, based on first hand knowledge.

 

I don't want to be the bearer of bad news, but I would ask legal advice if you continue receiving solicitors ' letters.

 

I have already had some qualified advice from a reputable solicitor on the matter. They were of the opinion to ignore until such time as court papers arrived. Based on the limited amount of information I had to hand, they didn't think there was much prospect of a case being brought let alone it having any real chance of success.

 

My biggest concern was having to fight off a caveat, but now probate has been applied for, there is almost no chance of one being entered at this late stage.

[Mr.P]

Please be careful regarding this matter. Should this go as far as Court costs could still come out of the estate.

 

To be honest, if there was going to be any legal action, I would have expected a caveat to have been entered as this is a low cost route to extracting a settlement from an estate. I also doubt that there are sufficient funds to pursue a claim beyond a few "willy waving" letters from a solicitor. Should it go any further, we have plenty of high court rulings to support our position as well as copious documentation.

 

Being well aware of the potential costs involved, I want to conclude matters as quickly as possible and avoid any hefty legal bills.

[Mr.P]

Can I ask, are the other beneficiaries siblings of the black sheep. Would they be wiling to give him an equal share.

 

The other siblings are equal beneficiaries, and they would refuse to entertain any settlement. The only acceptable outcome is for the black sheep to crawl back under what ever rock he has been living and pay for his own costs.

[Mr.P]

Remember that recent case where a daughter successfully challenged a Will?

 

Ilott-v-Mitson: Widely disseminated in the daily tabloids and giving the impression that an adult child has the right to a sizable chunk of an estate. It is worth reading some of the publications from the legal quarter for a more balanced and considered opinion. The majority agree that an Inheritance Act claim is still an uphill battle with no guarantee of success.

 

Indeed, there has been at least one case since Ilott-v-Mitson that went the opposite way and the claim was rejected.

[Mr.P]

A sibling who becomes a junkie, and robs their relations blind for example, or is not a junkie but steals from relations until disowned? that is someone who I suspect does not deserve a cut.

 

A reasonable assessment and opinion.

[Mr.P]

I sense a degree of desperation: Another letter arrived demanding a copy of the will, the value of the estate and a detailed list of the assets. They also thoughtfully advised that the executor(s) would be personally liable if the estate is distributed before a judgement is passed down or the "client" withdraws his claim. As no claim has been filed, there is nothing to rule on or withdraw.

 

Guess they must think we are idjits that can be easily scared..... If these letters continue, I suppose we could issue an injunction for harassment and hold both the "client" and the solicitor jointly liable. Comments ?

[Mr.P]

I do wonder if it is worth just giving them a copy of the will. They'll get it eventually anyway.

 

They could have saved themselves the cost of sending at least two letters and just lodged a standing search at the Probate Registry and obtained a copy of the will via that route. Have spoken with the P.R. and they tell me that the grants are in the post, so I would expect the will will be available to the general public shortly.

 

On the bright side, the more money the Black Sheep spends now on chasing documents that will be available to the public, the less he will have for any litigation at a later stage

[Mr.P]

Now that the six month window has closed for making a claim under the Inheritance Act, it is probably time for an update. Since the last letter sent off to the Black Sheep's solicitor suggesting that they read up on case law (providing them with a long list of rulings), we have received just one mildly offensive Christmas card. I'm guessing that the invoice from the solicitor really hurt

 

Despite inquiring as to his expectations and reasons for inclusion in the will, no answers have been received. As nothing has been forthcoming, I think we can put a line under the matter and get on with life.