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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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can you tell me roughly how much it costs to contest a wil

Resolved Question:

can you tell me roughly how much it costs to contest a will
Submitted: 2 years ago.
Category: Law
Expert:  Clare replied 2 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
On what basis do you wish to challenge the Will and what is the extent of the estate?
Clare
Customer: replied 2 years ago.

my father made his will the day he died and he was somewhat muddled about things. he had been telling everyone for months what he wanted to do and that isn't what ended up happening. also the previous day when the doctor came in she said he was no longer well enough to make his own decisions

Expert:  Clare replied 2 years ago.
Hi
What is the difference between what he said he wanted and what has happened?
Clare
Customer: replied 2 years ago.

he said he wanted his new gf to have £10,000 and he has ended up giving her 17.5% which we work out to be about 55,000. he also wanted to gift his grandfather clock to my brother and that didn't happen

Expert:  Clare replied 2 years ago.
Hi
When did your father die?
Clare
Customer: replied 2 years ago.

four weeks ago tomorrow

Expert:  Clare replied 2 years ago.
Hi
Have you discussed matters with the Executors?
Clare
Customer: replied 2 years ago.

yes we are all of the same mind that it is not what he wanted. His gf at the time even said she knew it wasn't what he wanted but she isn't prepared to take less

Expert:  Clare replied 2 years ago.
Hi
Have the Executors asked to see the Solicitor's file?
Clare
Customer: replied 2 years ago.
Solicitors file? They have the copy of the will
Customer: replied 2 years ago.
What is the solicitors file???
Customer: replied 2 years ago.
Relist: No answer yet.
Expert:  Clare replied 2 years ago.
Hi
My apologies for the delay - I have ben unwell.
Under the rule of Larke-v- Negus the Executors are entitled to see the file the Solicitors have relating to the preparation of the Will to check what instructions were actually given
if this shows that the solicitors made an error - or that the partner was present at the time of the instructions being given, then the beneficiaries may have a claim against the Solicitors - or there will be evidence making it worth challenging the Will.
The costs are likely to run to many thousands (£5,000 or more) so it is worth accessing the file as soon as possible
I hope that this is of assistance - please ask if you need further details
Clare
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