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Contested Will
9 Answers
My son, executor to OH Will, has been warned by contestors of Will that he could be bankrupted & lose his home if he doesn't persuade me to accept a financial offer. The case is due in court in February and running into 300k costs.
What should I do? OH was maj shareholder with 2 greedy bruvs. OH left me all - contestors gripe!
What should I do? OH was maj shareholder with 2 greedy bruvs. OH left me all - contestors gripe!
Answers
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300k in costs?! ffs.
I am assuming that the challenge to the will is that it was in some way invalid. Ideally, the executors should take a back seat and let the main beneficiary under the will slug it out with those claiming its invalidity.
The normal rule is that the loser pays the winners costs. However, if your son has acted reasonably, I don't see why he should be ordered to pay the costs personally, and they will likely be ordered out of the estate.
If you can give a few more details, I'll try and assist further.
I am assuming that the challenge to the will is that it was in some way invalid. Ideally, the executors should take a back seat and let the main beneficiary under the will slug it out with those claiming its invalidity.
The normal rule is that the loser pays the winners costs. However, if your son has acted reasonably, I don't see why he should be ordered to pay the costs personally, and they will likely be ordered out of the estate.
If you can give a few more details, I'll try and assist further.
The estate is part of the Will being contested....my home. My son has a family and as executor is being held responsible for probate. The contestors claim OH had not testamentory capacity due to being an alcoholic. OH wrote earlier Will in bruvs favour. We were married 40y with 3kids! House in OH name. OH owned majority shares in business.
OH bruvs refuse to use OH pension fund for our exes or even to pay out the pf as they have that descretion.
OH bruvs refuse to use OH pension fund for our exes or even to pay out the pf as they have that descretion.
Have you got legal advice? What do they say about the offer? Your solicitors should have asked Counsel for his advice on the offer.
To be fair, if your son has no beneficial interest in the estate, it should be you fighting it and he should maintain a neutral stance. As the major beneficiary, you should have been asked to indemnify him for his costs.
What does strike me though is that you have an alternative claim - a claim under the Inheritance Act. If you haven't done so already, I'd be thinking about issuing proceedings for reasonable financial provision. That should make them consider the costs position!!
In a complex matter such as this though, I really think you need to have a con with your solicitor and counsel.
To be fair, if your son has no beneficial interest in the estate, it should be you fighting it and he should maintain a neutral stance. As the major beneficiary, you should have been asked to indemnify him for his costs.
What does strike me though is that you have an alternative claim - a claim under the Inheritance Act. If you haven't done so already, I'd be thinking about issuing proceedings for reasonable financial provision. That should make them consider the costs position!!
In a complex matter such as this though, I really think you need to have a con with your solicitor and counsel.
Opinions have been sought by barrister & independant psychiatrist who have given a 60% chance of winning case. More evidence has been 'bought' from Priory psychiatrist who now makes claims re 'detained under mental health act' never before mentioned to me nor in OH medical notes.
Since solicitor acts for executor, my son, contestors claim a 'conflict of interest' if solicitor acts for me.
Should I risk the jugular or accept out of court settlement....contestors threatening & want answer in 48hrs.
Since solicitor acts for executor, my son, contestors claim a 'conflict of interest' if solicitor acts for me.
Should I risk the jugular or accept out of court settlement....contestors threatening & want answer in 48hrs.
They are being ridiculous. Of course the solicitor can act for you and your son. Indeed, the courts encourage it. Otherwise the costs would increase even more.
I can't advise you whether to accept or not, it would be wrong of me to do so. But in my experience, this sounds a bit like sabre rattling. Act on the advice of your legal team, they will have the indepth knowledge.
It sounds to me like you need to have a serious chat about this with your solicitor and the consequences of acceptance or non acceptance.
And detained under the MHA would require at least two doctors and it would not necessarily mean he did not have tc.
I can't advise you whether to accept or not, it would be wrong of me to do so. But in my experience, this sounds a bit like sabre rattling. Act on the advice of your legal team, they will have the indepth knowledge.
It sounds to me like you need to have a serious chat about this with your solicitor and the consequences of acceptance or non acceptance.
And detained under the MHA would require at least two doctors and it would not necessarily mean he did not have tc.
I would be inclined just to ask him for his advice. He's going to be a bit put out if he thinks you are asking for other opinions!!
Just ask him what his considered advice is regarding accepting the offer/rejecting it and whether you should be making a counter offer. If necessary ask for a conference with Counsel.
Only your legal team will know what is going on. Only THEY can advise what to do.
Just ask him what his considered advice is regarding accepting the offer/rejecting it and whether you should be making a counter offer. If necessary ask for a conference with Counsel.
Only your legal team will know what is going on. Only THEY can advise what to do.
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