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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10459
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Father dies and has a proper Will. Sibling S is cut out of

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Father dies and has a proper Will. Sibling S is cut out of the will because of bad behaviour. Sibling E is Executor & Sibling B is a Beneficiary, no “monkey business” involved so all is straight. S gets a caveat so no probate grant for E and accuses E of engineering or disregarding circumstances so that every possible means of attack to break the Will is explored. Money is no object for S and begins a campaign of shock and awe on both E and B. S writes to B and accuses B of fraud (no such activity) etc. and demands information to hang B and E.
Question: Does S have a right to demand information from B (a named beneficiary only) if they have not specified a claim against them and even if they did, can S take B to court on this matter or does it have to be done via the Executor? It seems odd that B is not considered an interested party to proceeding and yet can be attacked with endless threatening letters but cannot actually defend one self.
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.
My name is ***** ***** am happy to assist you with your enquiry.
As S has entered a caveat, his "claim" is against the Estate. Hence, it is a matter between S and E alone. Only if matters proceed further (no doubt you are aware, but it is now up to E to issue a "warning" against the caveat) will B potentially have to get involved and normally only as a witness for example in contested proceedings.
In the meantime, S has no right to request information from B.
I hope this assists you and sets out the legal position.
Kind Regards
AL
Customer: replied 2 years ago.

Hi Al

Thanks for putting it in a “nutshell”.

A follow on question: What responsibility does B have to address S’ on going and ever more creative accusations: “Illegal and without authority”, “failed to inform authorities”, “purposely defrauded HMRC from IHT”, etc. These are serious accusations and if B does not deny them, is B not effectively accepting them? And S’ threat to seek an order from the court for disclosure of all B’s banking statements, where B will pay S’ costs, can this be safely ignored too as B has directed her to E for all disclosures?

Expert:  Aston Lawyer replied 2 years ago.

Hi, Thanks for your reply. However hard it may be for B, these accusations should be ignored, and if so, does not in anyway imply fault on B. Likewise, if matters did come to a Contested hearing, B could be called as a witness or disclose statements etc IF they were relevant and the Court agreed that they should be disclosed, but S would certainly not be entitled to request that B be responsible for the costs.

Until such times, B should just ignore all of B's requests.

I hope this assists. Kind Regards AL

Aston Lawyer and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Hi Al




Recap: Will with S, E & B as beneficiaries now has codicil. S is the Sibling cut out of the will, E is the Executor and B is the remaining Beneficiary. S has placed the caveat before E had chance for grant of probate, so E is a bit in limbo. S has gone for money no object, shock and awe attack on E & B.



Question: S is demanding 10 years of the estates bank statement from E plus much besides that is relevant only to the estate that S is not a beneficiary of. S has not yet made a formal claim and is aggressively bombarding E & B & lawyers & all else to get some purchase and crack open to exploit any inconsistency. Is E obliged to reveal these documents to S, if not what documents is E obliged to reveal to S.

Expert:  Aston Lawyer replied 2 years ago.

Hi,

E is not under a duty to disclose anyhing to S at this stage. E needs to issue a "Warning" to S, which is basically a request for E to supply evidence as to why he thinks the Will is invalid. If he can not provide evidence, the Probate Registry will then remove his Caveat.

Kind Regards

AL