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Ask Michael Holly Your Own Question
Michael Holly
Michael Holly, Solicitor
Category: Law
Satisfied Customers: 6904
Experience:  I have 20 years of experience as a solicitor in litigation and other areas
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My partner has just been granted deed of probate following the death of his late mothers p

Customer Question

My partner has just been granted deed of probate following the death of his late mothers parther, as named sole beneficiary in said persons will. However it would now appear, since probate was granted, that the will is being verbally contested by the deceased persons nephew (by marriage only I.e. Son of deceased persons first wifes sister). If this is the case what rights does my partner have??
Submitted: 1 year ago.
Category: Law
Expert:  Michael Holly replied 1 year ago.
Your partner is in the driving seat. Not only is she the executors named by the deceased but also the chosen and appointed executor.It would be useful to know on what basis the nephew is claiming?Michael
Customer: replied 1 year ago.
He (my partner) was sole beneficiary and an executor to the will. The two other executors of the will are solicitors at the firm that dealing with the will.
The only thing my partners solicitor has told us regarding the "claim" is that the nephews and nieces "have concerns over the will"
My partner, basically, is the son of the deceased last partner (they were together approximately 3 years). Since the deceased persons partner died (approximately 20 years ago), my partner took on the role of looking after the deceased, and they lived in the same property for the last 8 years. During this time my partner became his sole carer.
The nieces are daughters of the deceased persons sister and the nephews are sons of his first wifes sister.
Customer: replied 1 year ago.
Additional information..... Deed of probate was granted on the 13th April 2016. The telephone call by the nephew to my partners solicitor regarding the "claim" was made on the 20th April 2016.
Customer: replied 1 year ago.
His solicitor has now told him that funds from the estate can not now be released, until such time as this is resolved even though nothing official has been received in writing from them. Is this true, and where does he stand regarding the sale of the property that was part of the assets in the deed of probate?
Expert:  Michael Holly replied 1 year ago.
It sounds as if a caveat has been entered as against the Will. This prevents distribution of the estate until such time as any pending claims such as the nephews have been dealt with.My guess is that the deceased had a reasonable sized estate and this appears to be simply a punt by the nephews and nieces. The court will not as far as is possible interfere with the wishes of the deceased. Being related is not enough. The court will only interfere if they believe that the deceased would , having the opportunity, made provision. The classic example is the grandparent who agrees to pay and is paying the grandchild's university fees and declared they would do so for the entire course. In such circumstances a court would where a grandparent dies before the end of the course and without changing their Will make provision to give effect to what was clearly the intention of the grandparents.Bot***** *****ne, concerns about the Will is a suggestion about the deceased capacity. But they have to provide evidence that not only was the mental capacity of the deceased impaired when the Will was made but that they would have benefitted had the deceased not had impaired capacity.As stated earlier this has the air of a speculative punt.I hope this helpsBest wishesMichael