My friend’s ("Mary") father passed away last week and due to a very difficult relationship with one of her brothers ("Dave") she cannot find out what is happening with the will. She has one other brother who for various reasons is incapable of helping her or himself in relation to this issue. Dave may or may not be the executor. Mary has tried contacting the last known solicitor who dealt with her fathers will but was given a very vague confusing response. She was told that by the solicitor that she (the solicitor) would have to be ffirst contacted by the executor which she would not confirm or deny was Dave.
Is Mary entitled to a response from this solicitor?
If Mary is in the will shouldn’t this solicitor tell her so and furnish her with a copy of it – regardless of who the executor is?
If Mary is not in the will – can’t this solicitor tell her so – ie “I can’t give you any information because you are not a beneficiary”
If Dave has somehow organised his fathers will with another solicitor – how does Mary find this out?
If Mary is not in the will she will definitely want to challenge this as it would only have come about due to under hand actions of her brother. She is expecting the worse case scenario and due to extremely difficult financial circumstances (bringing up 3 young children on her own) is looking to find out if she will qualify for legal aid in relation to this.
Any direction any of you can provide on the above would be much appreiciated
Is Mary entitled to a response from this solicitor?
Unfortunately for "Mary", no she is not.
If Mary is in the will shouldn’t this solicitor tell her so and furnish her with a copy of it – regardless of who the executor is?
No this is up to the executor and the executor may decide not to use the services of this (or any other solicitor)
If Mary is not in the will – can’t this solicitor tell her so – ie “I can’t give you any information because you are not a beneficiary”
No, Mary is not the solicitor's client and the solicitor may not volunteer information about another client's business.
If Dave has somehow organised his fathers will with another solicitor – how does Mary find this out?
Mary is dependent on Dave informing her, or, if Mary or another solicitor is the executor, hearing from that solicitor
I'm unsure about the legal aid thing as I am not a lawyer.
@EllaC s117 of the Succession Act 1965 refers to parents making 'adequate provision' for their children in their will.
This is the basis for contesting a will and the estate pays the costs.
Therefore if she knows approximately what the assets are (house + bank accounts etc) she will know the value of the estate.
It wont be too late at probate. Though conversations with brother might help as he may be already aware of this from his legal adviser and maybe this will bring both parties to their senses - life is too short.
The Act says: " The costs in the proceedings shall be at the discretion of the court." Very often, that does indeed result in the estate bearing the costs, but there is always a danger to the litigant that the court might judge an application to be so lacking in merit that the plaintiff might be ordered to pay the costs.