How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Stuart J Your Own Question

Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
11292137
Type Your Law Question Here...
Stuart J is online now

Afternoon, im currently investigating my late fathers estate,

Customer Question

Afternoon,

im currently investigating my late fathers estate, i have put in place a caveat and i have had that approved as a permanent caveat after winning at Leeds court over a Warning that was issued against me.

now i feel that to date i have been doing everything correctly and in the correct order, however the executors are being very wakward and so is their solicitor and the Will Writer, it took me over 8 months to get both the Will and Files, and thats where i need some advice.

i have since discovered that there was in fact another Will written by the same Will writter, i have asked for a copy of this and to date no document has been produced, i have said that i would take him to court to obtain such information but im not sure if thats possible or how i would go about this, could you please advise.

Regards

Mr Williams
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
How did you come to put a caveat in place?
Customer: replied 3 years ago.


as i had early concerns about the entire estate and the validity of the Will that i thought it best to place a caveat in the first instance

Expert:  Stuart J replied 3 years ago.

I have been asked to look at this. What information do you want from the execs exactly? What is your concern? You appear to have the will. The original or a copy? I do need full details please. Thanks

Customer: replied 3 years ago.


i have concerns over the validity of the Will and my fathers capacity to understand its content at the time he signed the document, i also know that there was an earlier Will and the same Will writer drew this document up too and had it signed and witnessed, now the Will writer is refusing to provide me with a copy of this earlier document.

Expert:  Stuart J replied 3 years ago.


Thank you. It always raises concern when someone has
information and will not be open and transparent.

It should be easy to get a copy of the will. This will be
better coming from a solicitor, but there is no reason why you cannot do it
yourself.



Write to whoever has the document saying that unless he lets
you have a copy within 14 days (give a date rather than a number of days) you
will make an application to court for pre-action disclosure to compel him to
let you have the document and any other documents, including his notes and his
fact find, which he holds in respect of your late father's estate. Tell him
that if you do have to do issue a court application, you will ask the court to
award the court and legal costs against him.



If he doesn't then come up with the documentation you need,
make the application to court for pre-action disclosure on the 15th
day. If you are doing it yourself, you can ask the court to award costs in your
favour at £18 per hour plus the court costs.



Can I help
further?



The next part is
really important for me:



Please don't forget
to positively rate my

answer service (even if it was not what you wanted to hear) and I will follow

up any further points you raise for free. If you don't rate it positively, then

the site keep your deposit and I get 0 for my time. If in ratings you feel that

you expected more or it only helped a little, please ask me for further info

before rating me negatively otherwise I don't get paid at all for my time and

answer.

The thread remains open. Thanks

Customer: replied 3 years ago.


Good Evening,


 


in previous letters to the Will writer i have also asked that he inform me as to what additional information he has regarding my father and what other work he had undertaken on my fathers behalf, am i entitled to this information too in order to aid my investigation ?

Expert:  Stuart J replied 3 years ago.

You are entitled to a complete list of what he has got and ask him for everything.

Customer: replied 3 years ago.


as the Will writer works from home does this make things more difficult compared to a solicitor, is he regulated the same and how do i know that he has provided me with all the documents

Expert:  Stuart J replied 3 years ago.


Although there is
a lot of talk about it, will writing is not regulated currently. You are
therefore faced with suing him personally and there is no regulatory body to
which you can complain. He may be a member of an association, but they have no
teeth to take disciplinary action against him.

You do not know that
he has provided you with all the documents but to not do so and for you to find
out later that there are others, he is in contempt of court and/or perjury if
he declares that that is all he has. You can remind him that in the letter, and
that to do so is a criminal offence.



It only makes
things more difficult in that you are serving documents on somebody at home who
may not realise the consequences of non-compliance.



That is why the
threat of an application to court for pre-action disclosure is better coming
from a solicitor



Can I help
further?



The next part is
really important for me:



Please don't forget
to positively rate my

answer service (even if it was not what you wanted to hear) and I will follow

up any further points you raise for free. If you don't rate it positively, then

the site keep your deposit and I get 0 for my time. If in ratings you feel that

you expected more or it only helped a little, please ask me for further info

before rating me negatively otherwise I don't get paid at all for my time and

answer.

The thread remains open. Thanks

Stuart J, Solicitor
Category: Law
Satisfied Customers: 22403
Experience: PGD Law. 20 years legal profession, 6 as partner in High Street Practice
Stuart J and other Law Specialists are ready to help you
Customer: replied 3 years ago.


thank you so much for all your advice its been greatly received

Expert:  Stuart J replied 3 years ago.
I am glad to assist. Regards
Customer: replied 3 years ago.


Good Afternoon,


 


Further to our previous conversation i wrote to the Will writer requesting all the documentation as you stated and i outlined the legal points as you advised, however today i received a letter from him again containing a copy of the Will and the File, he goes on to say that thats all the information which he holds for my father, now here is my problem.


 


i know that my cousin was witness to a Will signing on behalf of my father, however she was not in the room at the time so she questioned its legality, then the next day the same Will writer had another Will signed and witnessed by my step father, am i intitled to a copy of the Will which my cousin signed ? should he be producing these documents or information regarding this matter to me ?


 


Regards


 


Mr Williams

Expert:  Stuart J replied 3 years ago.

So are you saying that he is lying when he says these are all the documents he holds? Have you drawn his attention to the missing documents and asked him to provide them telling him that you are aware that these exist?

If not, now you have the file,. I would simply tell him what's missing and asking to produce them and reiterate your threat of a court application

Customer: replied 3 years ago.


Well to be perfectly honest he is lying, my cousin was asked by him to witness my fathers Will, she signed the document at his request in the waiting room, when she later called him and asked if it was legal as she had not seen my father sign the document he replied it was perfectly fine. now the next day he returned to the hospital with another Will and had my stepdad sign as a witness, this is the Will which he has sent me a copy of, so my question is.


 


should he also provide me with a copy of the Will which my cousin signed ?


 


also should he provide me with details of when and how my father first contacted him etc ?


 


Regards


 


Mr Williams

Expert:  Stuart J replied 3 years ago.

Under the threat of the application for a court order he should really disclose everything.

I would write back to him telling him exactly what is missing and asking to let you have it/them within the next five days , failing which you will make the application to court without further notice and asked the court to award costs against him .

If he is unable to produce the documents telling you want a sworn statement as to what is happening to them. By all means send the copies that you have to refresh his memory.

Details of how and when your father first contacted himmay be in his file notes . Once again, asking for the complete file , including attendance notes and fact find .

. If this ends up in court, you can always interrogating with regard to the information in the paperwork or missing from the paperwork .

I would actually telling what you were alleging and asking to let you have a copy of his professional indemnity insurance and ask him ,if you have to wish you proceedings, does he wish to appoint solicitors for service.

all this correspondence would actually carry more weight if it came from the solicitor .



Customer: replied 3 years ago.

is it possible that the first Will that my cousin signed has been shredded or should he have kpt a copy for his records ?

Expert:  Stuart J replied 3 years ago.
He may have shredded it to destroy evidence, but he should have kept a copy for his records. Once again, if he doesn't produce it, you can asking what happened to his file copy
Customer: replied 3 years ago.


Thank you once again your advice is gratefully received and much appreciated


 

Expert:  Stuart J replied 3 years ago.
I am always glad to help. Kind regards
Customer: replied 3 years ago.

Good Afternoon,


Further to our previous conversation i have today received a letter from the Solicitors who are trying to get me to lift the "caveat" which i have on my late fathers estate, they have enclosed a Statement from the Will writer who acknowledges that my cousin signed a Will, however i still have no copy of this document. the Solicitor goes on to inform me that if i now fail to remove my "caveat" within14 days then they will proceed to court and seek their expenses from myself, estimate £20,000.


can they do this or does the Will writer still need to provide me with a copy of this previous Will, can i write back to the Solicitors asking that they inform him to produce it for me prior to taking court action.


 


Thanks


 


Mr Williams


 

Expert:  Stuart J replied 3 years ago.

Tell them that you are quite happy to lift the caveat when you get a copy of the earlier will which is being held by the will writer and which he refuses to release.

However you should be making your application for pre-action disclosure and not simply sitting there with the caveat in place.

Tell them that you are making the application for pre-action disclosure by the will writer and when you have that will , you will consider lifting the caveat .

Ask them to assist you in bringing pressure to bear.

Tell them that if they make a court application , it is premature or and you will defend on that basis.

it might be worthwhile getting in front of a barrister to get an opinion . on the whole matter in general. It would probably be 800 pounds or so well spent

Customer: replied 3 years ago.

in all honesty i do not want to lift the "caveat" they have already sold assets whilst under a "caveat" so i can't trust them with the property.


however you are saying that im still entitled to a copy of this previous Will regardless as to what the Solicitor and Will writers statement say's ?


 


he is admiting the document now however i still have no copy, or answers to previous questions in relation to how he knew my father and when contact was first made and what other work if any he had undertaken on my fathers behalf, i believe im entitled to all this information.


 


Thanks


 


Mr Williams

Expert:  Stuart J replied 3 years ago.


You will have already threatened I assume the
application for pre-action disclosure and costs. You need to make that
application.

I would bring the breach to the solicitors
attention and say that you will be raising that in court in defence of the caveat

Customer: replied 3 years ago.


yes i informed them of the pre-action disclosure as you advised, and i have the forms to submit too.


 


with regards to the Solicitor they are fully aware that assets have been sold under the Caveat and they refuse to give me any information as to why they were sold, how much for or who is holding the proceeds.

Expert:  Stuart J replied 3 years ago.
You can threaten them with application for disclosure too if the info is relevant to your claim.
Customer: replied 3 years ago.


if the Will was produced under undue influence and i was able to have it over turned then i would be entitled to one third of the estate, would that be sufficent now to do put a pre action disclosure on the Administrator to find out where the proceeds of these assets are now ?

Expert:  Stuart J replied 3 years ago.
I am just on my way into the office and will get back to you as soon as I arrive.
Customer: replied 3 years ago.


Good Afternoon,


 


i have recently received a letter from the Solicitor who is employed to remove my Caveat, i replied to that letter and i mentioned the breach of the Caveat in relation to the sale of my Fathers car, they have now replied saying the purpose of the Caveat is to prevent a grant being issued and that my statement of any breach is erroneous.


 


So is a Caveat there to protect the property, assets, estate etc ?


 


Thanks


 


Mr Williams

Expert:  Stuart J replied 3 years ago.


The caveat is to prevent
obtaining probate. The sale of the car will not necessarily require probate but
the executors are still under a duty to acting beneficiaries best interest.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice