Problem with Father's will - bequest may be void

Thanks to everyone for their posts. Comments are most appreciated. Obviously I would prefer that everyone sat done and said let's just do what Dad obviously wanted. My only hope is that when I sit them all down, three of us can persuade the one who wants to hold out. Research suggests that there is no recourse to the court, and that a Deed of Family Arrangement might be the best way to go. I don't understand the functions of the Probate Office. Do they issue the probate with some sort of cautionary addendum pointing out that the gift to Brother No. 1 is invalid? Do they seek evidence of compliance with the Will? I'm not litigious and don't agree with the "sue the b**stard" line of thinking. I would hope that the solicitor would complete the matter (he's also instructed re sale of house which is the only asset) and compensate Brother No. 1 for the loss for tax. Hopefully, common sense and decency will prevail.
 
Why does one person "want to hold out"?

Is it just "because I can"? Or because the solicitor can be sued - even though there is no guarantee of a successful outcome?

mf
 
Thanks MF1 for your post. The one who is likely to hold out (I'll call him Brother No. 3) is doing so because he will get one third as opposed to one quarter share. Sadly, this can sometimes happen in some families whereas other families will all pull together. Brother No. 3 is unemployed and likely to remain so, and an extra 50k in his bank account must seem quite attractive to him, and he's not mature enough to realise that taking this attitude will cause a rift between him and the rest of us. As I said before, I don't want to sue the solicitor. He's a decent enough guy who does not rip people off. I'm told that solicitors have to go on courses every year to make sure their skills and knowledge of the law is up to date. Obviously this guy skipped the Wills course, because he should have spotted the error. And in answer to other people's posts, he didn't call to the house because my father didn't want to see anyone other than family after his surgery, etc. The will was properly drafted. It was the witness being a spouse of the beneficiary that is causing all this difficulty.
Thanks to everyone for their posts.
 
You must log in or register to reply here.
Back
Top