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Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33958
Experience:  I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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Death Intestate A relative died apparently without a will,

Resolved Question:

Death Intestate
A relative died apparently without a will, and his estate was liquidated, and relatives identified via a "Heir Hunters" type company.
Just before distribution, 12 months ater the death, a "will" turned up in suspicious circumstances. The will appears to be forged and it has become a contested will.
The relative beneficiaries have been funding solicitors whilst awaiting the will to be forensically examined.
One of the relatives now wants nothing to do with the process, and does not want to pay further fees. What happens to their share under intestacy rules if they no longer pay further costs to challenge the will and the will is ultimately found unsound?
Regards,
Submitted: 2 years ago.
Category: Family Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is ***** ***** I will do my best to help you
I am afraid that that person will still inherit under the Intestacy.
Since the costs will come from the estate if the Will is unsound there will be no loss as such
Please ask if you need further details
Clare
Customer: replied 2 years ago.

Where we at the moment Clare:

The cost of forensic examination was agreed by all parties to come from the estate.

The producer of the will then changed their mind. The solicitors then decided that as the will was contested, no more fees were payable by the estate.

That left the intestate beneficiaries having to provide their own funding for the solicitors and the forensic work.

if one or more people drop out of paying fees, the cost to the other family members increases, and so does the risk should the will not be found to be unsound.

Is it not possible for the family members who no longer wish to proceed to sign a waiver? Or a document that would allow the solicitor to distribute their share to the members who continued to fund costs?

Regards,

Expert:  Clare replied 2 years ago.
Hi
If they are willing to sign such a waiver then yes it can be done - but they cannot be forced to do so
Clare
Clare, Family Solicitor
Category: Family Law
Satisfied Customers: 33958
Experience: I have been a solicitor in High Street Practise since 1985 and have specialised in Family Law for the last 10 years
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