english probate law

[oldmancap]

I have been told that I am to be given �1000 from my aunties eastate, although it was not written in her Will. Can I accept this so called gift now, and still contest her Will, or by taking this money now would this preclude me from going any further with my case against the Will? Can anyone answer this for me? Thanks all

[Ethel]

Why do you want to contest the will?

[oldmancap]

thank's Ethel for your intrest. This Will was written by the executer my ( antie's neice) who is to inheret everthing, a substantional amount. The winessing of the Will is dodgy, and the statement the executer has given me as to the circumstances of making up this Will is dodgy.( via a larke v nugus letter) Also I quote "the case law on suspicious circumstances is primarily concerened with the situation where a benefiiciary under a Will was actively involved in its preparation. Whenever a party prepares a Will and takes a benefit under it, that ought ' to exite the suspition of the court' and make it be 'vigilant and jealous' in examening the evidence in support of the Will: the court ought not to uphold the Will 'unless the suspition is removed'.

[oldmancap]

I have had a solicter on this case but the cost was too great for me. (i'm a poor pensioner) I'm going to carry on this case myself so I was wondering if I accepted my gift of �1000 would that stop me from carring on with it. I need the money

[Ethel]

If she had died intestate, would you have been a beneficiary under the intestacy rules?

Were you dependent on your aunt in any way?

Contesting a will is not easy, as you know. Even if you are successful and the will is void, would you stand to inherit?

[Buenchico]

You can't be given �1000 'from the estate' anyway. The executor is bound by the provisions of the will to distribute the estate in accordance with the terms of that will. If you're not mentioned in the will, you can't receive anything (directly) from the estate.

What the executor is effectively proposing to do is to take his share of the estate, as defined by the will, and then to give you �1000 of it. As such, it would be a gift from the executor to you (and not a payment from the estate) and could therefore have have no bearing upon you contesting the will.

Chris

[oldmancap]

I she died intestate, I dont know the ruling for that, but I am Her nephew. I'm not dependant on her, that rules out the family court. If the Will was declared void the previous Will would come into play where i would benefit greatly, as half of the eastate would go to my father(now deceased) and therefore his children would recieve his share divided equally I have a previous Will that shows radical difference between both Wills

[bednobs]

is that true though? if one of the beneficiaries is dead and that portion goses back in the pot to the other beneficiaries dosent it? unless it is stated if he is dead it comes to you

[monkeyeyes]

How can she have been 'intestate' AND have left a will..............?

[oldmancap]

Hi Beunchico, Thank you. Yes i have pondered on that one, but in her statement to me she states that all this money was given to her to carry out my aunties wishes. She says that these wishes were that she was to give me �1000 as part of my aunties eastate. Yes you ar right that it is not in the Will, but, as executer and after stating that she was told to do with the money, then she (by virtue of her statement) has to fullfill my aunties wishes. At present to get this money their soliciter is asking my to sign and state after it is paid I have no further intrest in the case.

[oldmancap]

Hi bednobs, Your right, but i'm talking about if this Will is made invalid then any other Will that remains in existance can be used to distibute the monies. There is a previous Will where my father would have inhereted, but as he is dead the money he would have inhereted would now go to his children

[oldmancap]

Monkeeyes I think Ethel was just looking for an angle when she was talking about intestate

[bednobs]

but what i' saying is this: does the will state that? for example in my will, some money goes to my parents, but if they are dead it dosent automatically go to my sister (their child) but their "share" will come back to the pot to be distributed to the other beneficiaries. Before you spend loads of money, it might be worth checking this!

[oldmancap]

Right again Bednobs, your money will go back in the pot., I think, but If this Will im talking about Is made null and void for any reason then the courts will revert to a previous Will. They will distribute the monies according to the wishes of the deceased using a previous Will. In other words any previous valid Will can be used to distibute the eastate but it must be the most recent previous Will. If the Will that recently passed probate gets chucked out by a court then I have the Will my aunty made previouslly and that gives my father half of her eastate

[bednobs]

we seem to be talking at cross purposes. I am talking about the previous will too. Does this previous will state that in the event that your father is dead, the money is distributed to his children? if it does, all well and good, if it dosent, you have a problem.

[oldmancap]

Bednobs to clarify things this previous Will I hold does state that if my father dies before my aunty then my father's share has to be devide between his children