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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10585
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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I am a named beneficiary of a will. I lost a friend who I have

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I am a named beneficiary of a will. I lost a friend who I have known for 25 years through cancer. The deceased was a lodger and the landlords family effectively became is adopted family. The deceased did have a brother whom he did not talk to for years because of a family fall out. The deceased did tell me while in a hospice that he intended to make sure the landlady did not suffer to greatly as to loss of rental income should he die. He also told me all he had was a pension pot approx £250K. I received a text from would be executor on a Thursday did I know anything about the will. Next thing I know unknown to me that a will was finalised the next day. I had visited my friend the previous day who was drugged up in morphine. I was concerned the will was finalised when testor was not in a fit state to make a will I might be wrong. I have since received a text saying I am getting £2000 in the will. Apparently the contents of the will was known to the adopted family well before me and before his death. I just think circumstances are not right. Possibly the adopted family all have a vested interest to maximise their inheritance and stand to gain considerably should the landlady die. I think possibly there is a imbalance in what is allocated. I have not seen the will. Is £2000 right amount for a friend of 25 years standing? in a way I cannot afford to challenge the will but I think would cost me to much to challenge it and also cause major upset in relations. what is your advice?
Submitted: 3 years ago.
Category: Law
Expert:  Aston Lawyer replied 3 years ago.
Hello and thanks for using Just Answer.

My name is XXXXX XXXXX am happy to assist you with your enquiry.

You may or may not be correct as to the validity of the Will, but the problem will be contesting it. You would have to act quickly by placing a "Caveat" at the Probate Registry, which would prevent the Executor obtaining Probate and allow you to contest the Will.

You do really need to see a copy of the Will to establish who has witnessed it. If a Solicitor has acted as one of the witnesses, you are pretty safe in the knowledge that the Will has been executed correctly- us Solicitors have to be 100% happy that a client has the capacity to make a Will, before getting it executed.
Unfortunately, you are not legally entitled to see the whole of the Will- you are only permitted to see a copy extract of the Will showing your legacy.
A Will does, however, become a public document once Probate has been obtained, and a copy can be obtained from the Probate Registry. However, if you leave matters pending until Probate has been granted, you are going to be late to contest the Will's validity.

You can of course ask the Executor for a copy of the Will, but it is up to him whether he lets you have a copy.

If you were to pursue matters through a Solicitor, you are looking at legal fees of at least £2,000 plus VAT.

I agree that a legacy of £2,000 is small but even if you contest the Will, this would only be in respect of its validity and you aren't able to contest the Will on the basis that you should have been left more money.

I am sorry this sis not the answer you were looking for.

Kind Regards
AL
Aston Lawyer and other Law Specialists are ready to help you
Expert:  Aston Lawyer replied 3 years ago.

Hello Dorian,

Am I able to assist you with anything else?

Kind Regards

AL