I've said something along these lines all along, I've absolutely no experience in these kind of matters but surely their word should suffice, that would seem common sense to me. I looked at a copy of the new will today and you can clearly make out the name of one of the people who signed it, if they're not with that firm of solicitors any more surely they can still be contacted.Has the Probate Office been asked if they can accept the assurances of the witnesses to the will, given that they can’t be beneficiaries?
What are the main differences between the wills?also, the second will was made with a separate solicitor firm to the first will, i've no idea why that happened.
Probably but like you I don’t know why this should be necessary.Would it be to rule whether or not she was in sound mind and if not then revert to the original will?
there's talk now of it having to go to the high court to get a ruling (i presume on which will to use).
One of the siblings was left out of the 2nd will by my grandmother, I don't know why. unfortunately he passed away a few months before my grandmother did.What are the main differences between the wills?
Yes he has been dealing with the same solicitor through the whole process for over a year now.Is your father being advised by a solicitor?
I have suspected all along that this would be the case but as I said I have no experience in these matters, same for my father.As @Salvadore says an affidavit from the solicitor who drew up the second will and from the witnesses should be sufficient for the probate office.
I would have to check with my father but pretty sure it was the solicitor and only in the last few weeks.Who suggested this?
Would that be why they're suggesting the high court, to rule the first will invalid?3. You can't just suggest using the 1st will, unless the 2nd will is invalid
A meeting took place last week with my father and the solicitor (I think though I did hear mention of a barrister) and most of the siblings and it was agreed that from now on all siblings would get letters sent to them by the solicitor.8. When the situation is clear, get the solicitor to set out the situation to your father in writing, which I'm amazed has not already happened? Because if it were me, I'd just give each of the siblings a copy of the solicitors letters to you dad and a copy of the probate office letter as well.
This is interesting, are you saying undue influence from family members?If medical advice cannot be got, Probate may accept confirmation from the solicitors involved. However if they have any indication that Undue Influence was involved, that's when the Hight Court may need to get involved.
yes he has 1 daughter. as far as i know nothing has been suggested all along as this being a problem or that his daughter is objecting.- Are there children of the dead sibling?
- Of course family members can't be allowed in the room for the will. Was your father in the building? Who arranged the solicitors.
- Barristers are expensive, who authorised that? And why?
- Is this a wealthy estate?
- You are getting everything dilly dally from your father. Why didn't he give his siblings copies of the correspondence already?
I suspect there is a reason the sibling was left out of the will. And that reason I suspect is not pleasant.
The solicitor contacting all siblings directly and hiring a barrister will add hugely to the eventual cost. It would need to be a beefy estate to warrant that outlay.A meeting took place last week with my father and the solicitor (I think though I did hear mention of a barrister) and most of the siblings and it was agreed that from now on all siblings would get letters sent to them by the solicitor.
That’s not unusual. This allows a solicitor to tease out a person’s true intentions without the possibility of having someone else apply unreasonable influence. It happens a bit with elderly people.I don't think so because when the second will was made up the solicitors wouldn't allow any family members in to the room with them when they were discussing it with my grandmother, I remember my father telling me that at the time and finding it very strange.
surely it is if they said it was just a meeting?That’s not unusual
That’s the nuclear and very expensive option. Unless and until the Probate Office insist on High Court clarity, I think it’s unwarranted.the solicitor looking after probate told my father it'll have to go to the high court and suggested the barrister.
It sounds like your grandmother wanted to discuss her affairs with the solicitor under the guise of a “meeting”. What the hell else would the meeting be about.surely it is if they said it was just a meeting?
thanks salvadore i will have to get on to my father and find out if this has already been suggested.Perhaps suggest to the solicitor that he pursue other and less expensive options (e.g. the Affidavit) to see if this would address the Probate Office’s concerns
if it was with the solicitor she drew up the first will with i could understand that but this meeting was with a different solicitor. i wasn't there but apparently my aunt told the solicitors when they were leaving the meeting that if anything untoward emerged she would take matters further and the solicitor(s) replied there was nothing to worry about. this is what my father has told me anyway. none of the family were aware of a second will till the solicitor discovered it.It sounds like your grandmother wanted to discuss her affairs with the solicitor under the guise of a “meeting”. What the hell else would the meeting be about.
She was quite right to ask for the meeting and the solicitor was quite right to insist that she was allowed speak freely. It’s a private matter after all.
There’s nothing to stop him trying. Although he may have signed something to say the solicitor is acting on his behalf.as executor, can my father contact the probate office himself for information/advice or does it have to be done through the solicitor?
Well I'd be objecting if I were her. Very sad that one sibling out of 8 was left out. Can't remember the rules now but if all siblings renounce can the estate go into the system via the non inheritance rules. (this is what my family have agreed to do as one parent had threatened leaving one of us out but we can't figure out which one of us it is !)yes he has 1 daughter. as far as i know nothing has been suggested all along as this being a problem or that his daughter is objecting.
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