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plclegal
plclegal, Barrister
Category: Law
Satisfied Customers: 4455
Experience:  Barrister at law
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My mother made a will, leaving 5% for three grandchildren,

Customer Question

Hello, My mother made a will, leaving 5% for three grandchildren, and 5% for 2 grandchildren, and for her son 5% and her daughter 40%. The value of her assets are 320,000. After her passing, her son is claiming the 1975 inheritance act to say he wants 2/3, leaving all her grandchildren out of the will. He is on disability allowance and housing, stating he is unable to work. He was fully independant and did not rely on my mother, living elsewhere. He claims he had a close relationship with my mother, but never visited her prior to her passing or went to the funeral. I am her daughter and live in Canada, but she made me POA and executor, and her grandaughter POA also. She told me she only left 5% for him because she was advised by the solicitor that he could dispute it. Please advice us how to go about this and if he has any rights to take away the gifts of the other beneficiaries.
JA: Can you tell me where this is? And just to clarify, what paperwork has been filed?
Customer: This is in England, but I live in Canada, and had a close relationship with my mother. It has not been filed yet. She died March 2019 and probate is completed. He has contested the will with a solicitor in October. We have responded to his solicitor's letter via another solicitor, who has not sent anything forward to them yet. He is from the law firm that addressed the probate and he seems to be very busy.
JA: What documents or supporting evidence do you have?
Customer: the POA, the Will, listing me as the executor and other friends as secondary executor, the transaction of the house being sold, the estate agents etc, the funeral bills and all her documentations (eg nursing home costs, council tax, gas and water bills, all her accounts)...is that what you were asking for?
JA: There is no charge to talk to me. But I'm not the Estate Lawyer.
Customer: Okay, I am really asking about litigation, if my brother has a case. He has submitted his list of costs, such as cost for car maintenance, how much it would cost for him to buy a house and the fact he has not worked for 40 years because of health reasons (no attachment given of assessments done)
JA: Anything else you want the Lawyer to know before I connect you?
Customer: I think that's it at the moment
Submitted: 13 days ago.
Category: Law
Customer: replied 13 days ago.
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Customer: replied 13 days ago.
Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Virtual-mod replied 12 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  plclegal replied 12 days ago.

Hello, my name is Peter and I’ll do my best to assist you today.

Please bear in mind as this is an email service and not live chat I may not respond immediately.

From the summary you have provided above, it's my view that his case for such a large proportion of the estate is not particularly strong, though this is not to say that he may not be able to claim for more than he has been left in the will. Can you please confirm the percentages as per the legacy in the will as the figures don't add up as they stand, as this will help me understand better the position. Thank you.

Expert:  plclegal replied 11 days ago.

Hello - I didn't hear from you. Can I assist further?

Expert:  plclegal replied 8 days ago.

 

 

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 7 days ago.

 

 

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 4 days ago.

 

 

 

Hello.

I didn’t receive confirmation that you received my response to your question.

Was there anything that needed clarifying at all?

Kind regards,

Peter

Expert:  plclegal replied 2 days ago.

Can I assist you further with your question?

If you have further questions, you can always come back to me.

In the meantime, if you could take a second to provide a 5 star rating (top right of your screen) I'll be credited for my time spent responding to your question.

Kind regards,

Peter