I can see the anomaly in the will.
Firstly, you are going to need a certified translation because the court will not accept anything other than a court approved translation. Because this is been admitted to probate, I assume you have that.
I am not convinced however your argument would stand up.
If the colon had been replaced with the word “and” then you would be absolutely correct.
I think you have a claim against whoever drafted the will in negligence.
If this went to court (talking about the interpretation of the will, not removal of the executor) I think it could go either way. I think a lot would depend on what relationship the deceased had with the nephews and nieces and whether they were close and how close he was to the Lade family. Clearly, he was close to the family because he names them but doesn’t name the nephews and nieces.
Moving on to the point about removal of the executor, I don’t think this is a matter for removal of the executor, I think this is a matter for the determination of the interpretation of the well by the court.
It is only a conflict of interest if the executor is one of the beneficiaries.
You asked about removal of executors and I can do no better than let you have these two articles which explain the complexities in the process. It is not for the fainthearted. if the action fails, it could be expensive.
however I would emphasise again, that to my mind, it is not a case of removing the executor, the case of contesting the will. It is a different application altogether.
The potential beneficiaries contesting the will need to be aware that if their claim fails, they could face legal costs running into tens of thousands of pounds so they may want to try to see they can get a solicitor to do this on a no win no fee basis because then, the solicitor may be able to obtain after the event insurance that would pay the legal costs if the claim was not successful.
At this early stage, might I also suggest that the claimant’s instruct Chancery Counsel (a barrister) to get an opinion on the likely chance of success. That opinion will be central to whether any after the event insurance is obtained. Counsel’s advice on this would probably cost between £600 and £800 plus VAT and before proceeding any further, that would be the first thing that I would do.
Can I clarify anything for you?
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