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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70405
Experience:  Over 5 years in practice
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How do I get a will read if someone has stated they may wish

Customer Question

How do I get a will read if someone has stated they may wish to dispute the will
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.
Hi.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

-Could you explain your situation a little more?

Customer: replied 3 years ago.
My Father in law died in August 2010 leaving a will. He stated that he gifted the £180k he paid for works on our house to my husband and I and that the remainder of his estate should be divided equally between his 3 grandchildren. He stated in the will that his other son should not receive anything as they were not close. This son wrote to the solcitors dealing with the estate to say he felt he was entitled to half the house but would not do anything until 2014 when my daughter reached 18. We have not heard anything from him and are not on talking terms with him but the solicitors advised that they could not go to probate incase the other son did dispute the will.
Expert:  Jo C. replied 3 years ago.
Why don't they just apply for probate and if the other son wants to dispute the will, then that is his problem?
Customer: replied 3 years ago.


The solicitor informed us that they could not go to probate as the other son may contest?? If we are able to go to probate that would be great.


 

Expert:  Jo C. replied 3 years ago.
I'm not sure why your solicitor takes that view unless he knows something that I do not about the circumstances and facts surrounding this.

There is nothing to stop probate being applied for unless the son has placed a caveat on the application at the probate Registry which would stop probate being granted until such time as the dispute is resolved. However if he wants to contest the will, that is something that he must deal with.

I would want to know from the solicitor exactly why he is saying that probate cannot be applied for in case the son contests. If that is the case, you could still be here in another 50 years!

Incidentally, there is no "reading of the will" as such. That is something reserved for old films. There is no reason why all the family cannot be got together and then be told what they are or what they are not getting, but it is not a legal or a formal requirement.

Can I clarify anything for you?

Jo
Jo C. and other Law Specialists are ready to help you
Expert:  Jo C. replied 3 years ago.
Thank you for the positive rating and remember that I am always available to help with your questions. For future information, please start your question with ‘FOR JO C’. You can also bookmark my profile http://www.justanswer.co.uk/law/expert-remus2004/