I have had two husband one I divorced and one that has recently died
the one who died I am contesting his will. My husband who died his son-in-law is asking all the questions. 1. When did I divorce my first husband. 2. as above about I had to purchase a property although I lived with my late husband to 1997 I hope you understand my questions now
I do need the full background detail please.
What exactly is it in your late husband's will that you were contesting
I put £15.000.00 into my late husbands property and over the years I have asked for this money back. I fought my ex husband Bill for 7 years for a property settlement and finally received it and part of this money I put into Stans Property (my late husband) I did tell stan that if he did not write it up in his will then I would contest his will. Also he left me a letter which my son and I read stating that "myself and him had a financial connection " and this letter has dissappeared from both his filing cabinet and from his solicitors files - although the letter was typed up on his solicitors headed paper ?? Also he left a hand written letter stating that as I was ill he was leaving me £10000.00 this was in 2005 Hope you understand the above Thanks Bearing in mind his son-in-law is a junior barrister ??? makes you think what happened to that letter.
already sent above question
I appreciate that the letter on the solicitor's paper as disappeared from your late husband's file.
How long ago was this done and do you know which solicitor it was? Are they likely to have a copy?
How much money did your husband leave?
who did he leave it to in the will?
who is the executor ?
what have you been left ?
I do need the full details please not just snippets here and there.
I will say but the fact that his son-in-law might be junior barrister impresses me not one bit unless he has experienced Chancery Counsel . if you think he has done something that he should not have done and you have any proof of that , you can report into the Bar Standards Council . it is of course something that you can threaten because if you do make a complaint, he is going to have to deal with it and they will dig very very deeply. the last thing he wants is the bar standards Council on his back.
YOUR QUESTIONS NOW ANSWERED
Yes I do the Will was completed by post and my husband went down to sign the will - Charles Lucas and Marshall the will was completed in 2005
My husband left approximately £412.000.00 house and money
The executor is his daughter - I was excluded from the funeral. She had the Vicar state that my husband who I have been with for 30 years and still married on his death 20 years. That my husband has gone to be united with his wife Iris hello I am his wife. Iris divorced my husband ??
I was left £10000.00 because I am ill with Rhumatoid/Osterporis/Broncollis (speelings not too good)
Regards Annie Thankyou still waiting for my answer to my previous questions about the property thankyou
I assume that you were still living together atthe date of death.
Wills and estate admin can be contested on various grounds
1If a person doesn't provide for dependents, children incl adopted children ofall ages and a spouse (but not step children unless they have been treated asthe deceased's own children) in a will it can contested by making a claim under the THE INHERITANCE (PROVISIONFOR FAMILY AND DEPENDANTS) ACT 1975.
Details are here
2Undue influence if it is thought that the person making the will had been "gotat" when drafting the will.
3Or if, when drafting the will the person lacked mental capacity/didn't knowwhat he/she was doing
There are strict time limitsfor contesting will under 1 above of 6 months from death.
Claims under 2 or 3 above 12months.
Claims under 4, no time limit.
Promissory Estoppell. This is atechnical legal doctrine not used very often. It says that if anyone has beenpromised something during the lifetime of a person and they relied on that promise to theirdetriment then they are entitledto have whatever was promised. The classic case is indeed the young man on thefarm, who is told by the old man "don't go off to seek your fortune son, butstick with me and work on the farm and I will leave it to you when I die,".
So the young man doesn't go offto seek his fortune and stays and works on the farm and it turns out that whenthe old man dies he leaves everything in his estate to the prize cow, Daisy orhis new girlfriend, who is 30 years younger than he is. In that case, the youngman having given up a future (to his detriment) on the basis that one day (hewas promised) the farm would be his and he believed it and relied on it, he canget a court order that the farm is transferred to him. Such claims are notcheap or quick to bring in do require a large burden of proof of the promiseand reliance to detriment.
Anyone can get a copy of a willonce it has been admitted to probate from HM probate registry, upon the paymentof five pounds.Anyone can also hold up the granting of probate by entering a caveat at theprobate registry. At least, they will then find out if there is a will. Theentering of a caveat will certainly wake up any executors. Some explanatorydetails are here;http://www.anthonygold.co.uk/site/ang_articles/ang_articles_filing_a_caveat_first_step_in_contesting_a_willIfthere is no will the estate is distributed under terms of the rules ofintestacyhttp://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm
A person can register a standing search at the probate registry,which must be renewed every six months and it will tell them if anyone appliesfor probate. When they do, they can then apply for a caveat.
If anyone is considering litigating the matter on any of thegrounds above, they can make an application to court for pre-action disclosureof the will and can ask the court to award costs against the executor. If theapplication fails, costs can be awarded against the applicant.
You can make a court application for pre-actiondisclosure of the solicitor's file and it would be worthwhile putting thesolicitor on notice that this is going to be required although they are onlyunder a duty to keep files for six years and this might already have beendestroyed or passed to his executors, who can obviously destroy it or do whatthey like with it.
I can see no reason why your late husband'sson-in-law wants to know this and I can see even less reason why he is entitledto this information and I would not be giving it to him unless I hear from hissolicitors. A wonderful standard answer in cases like this is quite simply tosay to him that if his solicitors right to you, you will respond to themappropriately. That way you are not saying that you will give him theinformation and you are not saying that you will not. Once his solicitors rightto you (if indeed they do) you can then ask them exactly why they want theinformation and make an informed decision based upon their reply.
Based upon the information you have given me, Ithink you have a good chance of challenging the will certainly under theInheritance Act if nothing else. Because this is what appears to be a blatantabuse of the Act I think that you may get a solicitor to deal with this on a nowin no fee basis but you will have to ring a few firms to find one. It is not ado it yourself job.
Does that answer the question? Can I assistfurther?
My late husbands son-in-law who whats to know about sorrel close etc is a junior barrister but he does not state WHY HE WANTS THIS INFORMATION thank you for all your help this is my last question
In my opinion, he isn't entitled to ask for it unless he has a good reason. I would ask him why he wants it after all, you are the one who is challenging the will not him.
As I said, I wouldn't be impressed necessarily by him being a barrister unless he has specific experience of wills, probate and estate matters .if he doesn't, the only thing you will have is access to free legal advice by asking his colleagues.
If you have not done already, please do not forget to rate my answer positively, or I don't get any credit for my time.The thread does remain open even though the site gives you the impression that it will close, it does not.
we can continue this exchange at any time you wish.