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Lawry
Lawry, Solicitor
Category: Law
Satisfied Customers: 441
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Its a question about how a will was executed and whether

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its a question about how a will was executed and whether there are grounds to contest
JA: Where is this? It matters because laws vary by location.
Customer: england
JA: What steps have been taken so far?
Customer: the will has been through probate - I have only seen the will now
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: the executor of the will is my ex-husband
Customer: replied 10 days ago.
I have attached a copy of the will. None of the named 'Stirling' individuals received anything and wanted to know whether this can be contested

Hi,

My name is ***** ***** I will try and help you today.

Why do you think the will may be invalid?

By way of a brief background:

The grounds for disputing a Will include that the person making the Will (known as the testator):
– Has not or has not correctly executed the Will;
– Did not have mental capacity to do so;
– Did not have sufficient knowledge of the terms of the Will;
– Had pressure applied on them
– Was provided with false information which made them include or exclude someone.

People tend to worry about the cost of taking a Will dispute to Court.

However, depending on the facts of each case, the costs of undertaking initial investigations are much more modest. It will only be if the claim has sufficient merit that further costs will normally be incurred.

The requirements for a valid will are set out in the Wills Act 1837.

If the requirements are not met, a will can be declared invalid and the estate will be distributed according to the rules of intestacy.

Thank you for providing copies.

Please let me look at them and I will then get back to you.

Customer: replied 10 days ago.
Thank you. I do not think the will is invalid rather that it wasnt executed according to the wishes of the deceased

I agree but I cannot see clause 4.4 (e) and (f) and they are important as according to clause 4.5 the gifts to the Stirlings only take effect if Peter John Thorne predeceases the testator.

Can you please forward the relevant clauses.

Customer: replied 10 days ago.
is this what is missing?
Customer: replied 10 days ago.
second page

Yes, thanks.

Let me read through them and I will come back to you.

Thank you for that.

Clause 4.4 (g) provides that Peter receives his share of the residue and from that share he should "consider making gifts" to Maura ans Ashley Stirling as he sees fit.

So the will gives him the discretion to decide whether or not to give them anything and it imposes no time scale for such gifts.

The Stirlings would only definitely inherit if Peter predeceased and was already dead as per clause 4.5.

So it is difficult for them to challenge that.
Your husband as executor, must in any event take a neutral stance as his duty is to the estate and he cannot get embroiled in any dispute between the beneficiaries.

I hope this helps.

Please ask any further questions you may have.

Customer: replied 10 days ago.
Thank you - I was out of signal for most of the day. When you say my ex-husband Peter Thorne must take a neutral stance as executor - it would seem that this was not the case as he has not carried his father’s expressed wish to gift anything to the Stirling’s. Does Dennis statement ‘it is my wish’ mean little? That’s said I understand that it was left to the discrepancy of my ex so as I understand there is little grounds to contest?

You are right.

The clause unfortunately left it up to Peter to decide.

To challenge the will on the based on the premise that the facts run contrary to the testator's intentions will be hard to prove as he left it up to Peter.

It may be an idea to discuss it with a solicitor to see if they think you have a viable case.

If you contact the Law Society on 0207(###) ###-####thy can recommend local firms that can help.

Lawry and 5 other Law Specialists are ready to help you