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Can A Will Be Contested After Probate Has Been Granted?
A caveat was served to prevent me getting probate on my Mother's estate, I served a warning and heard nothing after 8 days so probate was granted. I now have a letter from a privat lawyer telling me that the s-i-l is claiming damages against my Mother's estate, even though her Will quite clearly leaves nothing to her. She is trying to claim my dead brother's share of a family business. The letter advises me to get a Lawyer. She has accused me & my Mother of covert dealings with the businesses finances. Can I serve a counter claim on her for defamation? What should I do first?
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Defamation is the publication of an untrue statement about a person that tends to lower their reputation in the opinion of right thinking people. In English/Welsh law the basis of the tort is injury to the reputation of the person defamed so it must be proved that the untrue statement was communicated to someone other than the person defamed.
A legal executive often specialises in a particular legal area but their training is not to the same standard as a Solicitor or Counsel, a large firm of Solicitors may employ several Legal executives to carry out the day to day work but the responsibility for that work will rest with a Solicitor as Fred says.
Regarding the caveat that has been issued, which would normally last for 6 months, from the limited information that you give I think it is important that you take advice from a Solicitor before you take any further action.
A legal executive often specialises in a particular legal area but their training is not to the same standard as a Solicitor or Counsel, a large firm of Solicitors may employ several Legal executives to carry out the day to day work but the responsibility for that work will rest with a Solicitor as Fred says.
Regarding the caveat that has been issued, which would normally last for 6 months, from the limited information that you give I think it is important that you take advice from a Solicitor before you take any further action.
