Probate - Using the Wrong Will
Discussion
A friend of mine is a beneficiary on the will of a recently deceased relative.
She's almost certain that the executors have used a previous will to obtain probate and are trying to exclude her from receiving her inheritance.
The executors have certain knowledge that the will they are using has been superseded and this can be proven. They're not answering her requests for information. I should add that the current will is with a solicitor and the solicitor won't divulge any information as she's not his client.
She's applied for a copy of the grant of probate and the will, but it takes a few weeks to come through and she will also seek legal advice next week.
The question - if it can be proven that the executors have used a will they know to be invalid to obtain probate, are they punishable in any way, or will they simply be told to follow the correct will and apply again ?
She's almost certain that the executors have used a previous will to obtain probate and are trying to exclude her from receiving her inheritance.
The executors have certain knowledge that the will they are using has been superseded and this can be proven. They're not answering her requests for information. I should add that the current will is with a solicitor and the solicitor won't divulge any information as she's not his client.
She's applied for a copy of the grant of probate and the will, but it takes a few weeks to come through and she will also seek legal advice next week.
The question - if it can be proven that the executors have used a will they know to be invalid to obtain probate, are they punishable in any way, or will they simply be told to follow the correct will and apply again ?
The executors would be personally liable for any financial consequences of using the wrong will. They might also be liable for criminal offences if acting dishonestly. All would depend on the facts. The High Court could order that the executors be removed. Talk to a specialist lawyer on Monday. Act fast - you may need to seek a freezing injunction.
Blimey you're a cynical bunch. I was hoping for help not the Spanish Inquisition.
The friend is not a fiction, she's a friend.
All the facts are as per my original posting as is the information as to who holds the will.
When she obtains a copy of the will with the grant of probate that will provide the evidence.
Thanks for your help.
The friend is not a fiction, she's a friend.
All the facts are as per my original posting as is the information as to who holds the will.
When she obtains a copy of the will with the grant of probate that will provide the evidence.
Thanks for your help.
Edited by GoodOlBoy on Saturday 21st November 21:54
Edited by GoodOlBoy on Saturday 21st November 21:56
GoodOlBoy said:
The executors have certain knowledge that the will they are using has been superseded and this can be proven.
Appreciate it may not be easy to get them to do anything, but if this friend is so certain then why not report to Police for fraud?GoodOlBoy said:
I should add that the current will is with a solicitor and the solicitor won't divulge any information as she's not his client.
Is there no obligation on a solicitor to act if it's brought to their attention that Executors may not be dealing with the latest version of a Will?Breadvan72 said:
The executors would be personally liable for any financial consequences of using the wrong will. They might also be liable for criminal offences if acting dishonestly. All would depend on the facts. The High Court could order that the executors be removed. Talk to a specialist lawyer on Monday. Act fast - you may need to seek a freezing injunction.
+1 act quick.Sheepshanks said:
Is there no obligation on a solicitor to act if it's brought to their attention that Executors may not be dealing with the latest version of a Will?
I'm not sure about that. The solicitor in question hasn't offered anything other than confirming that the executors haven't been in touch.GoodOlBoy said:
The question - if it can be proven that the executors have used a will they know to be invalid to obtain probate, are they punishable in any way, or will they simply be told to follow the correct will and apply again ?
First thing to do is put a stop on the execution of the will.https://www.gov.uk/stop-probate-application
catweasle said:
IIRC a Caveat costs about £20.
As far as I understand Caveat is used to stop the grant of probate, in this case grant of probate has already been given.The copy of the grant and the will won't be available for viewing until the 2nd December. Until that time there is no documented evidence available, at least not that my friend has access to.
The executors do know of the new wills existence and this can be proven.
GoodOlBoy said:
catweasle said:
IIRC a Caveat costs about £20.
As far as I understand Caveat is used to stop the grant of probate, in this case grant of probate has already been given.The copy of the grant and the will won't be available for viewing until the 2nd December. Until that time there is no documented evidence available, at least not that my friend has access to.
The executors do know of the new wills existence and this can be proven.
Make sure your friend speaks to an ACTAPS specialist solicitor and not just a general one........
GoodOlBoy said:
As far as I understand Caveat is used to stop the grant of probate, in this case grant of probate has already been given.
The copy of the grant and the will won't be available for viewing until the 2nd December. Until that time there is no documented evidence available, at least not that my friend has access to.
The executors do know of the new wills existence and this can be proven.
Why has your friend not taken any action to date?The copy of the grant and the will won't be available for viewing until the 2nd December. Until that time there is no documented evidence available, at least not that my friend has access to.
The executors do know of the new wills existence and this can be proven.
Edited by Sheepshanks on Saturday 21st November 23:20
catweasle said:
Executors have to sign documents under oath so could be in big trouble if what you say can be proven.
Make sure your friend speaks to an ACTAPS specialist solicitor and not just a general one........
She was hoping for a call back from a solicitor on Friday, but looks like it will be on Monday now.Make sure your friend speaks to an ACTAPS specialist solicitor and not just a general one........
What are the potential repercussions for the Executors if it can be proven that they've knowingly used the wrong will and how does this play out ?
Sheepshanks said:
Why has your friend not taken any action to date?
She's in the process of taking action and is waiting to talk to a solicitor but until she has a copy of the grant of probate, and the will related to it, she doesn't have any documentary evidence.Edited by Sheepshanks on Saturday 21st November 23:20
Also she's recently suffered the bereavement of a loved one and isn't exactly focused at the moment.
She's asked me to help which shows how badly her judgement is flawed.... and I'm on PH asking for advice
GoodOlBoy said:
She was hoping for a call back from a solicitor on Friday, but looks like it will be on Monday now.
What are the potential repercussions for the Executors if it can be proven that they've knowingly used the wrong will and how does this play out ?
I have answered that question already. See post number 2. What are the potential repercussions for the Executors if it can be proven that they've knowingly used the wrong will and how does this play out ?
NB the real possibility that you have jumped to a false conclusion - the exors may be relying on a will that post dates the one that you are relying on.
Edited by anonymous-user on Sunday 22 November 07:40
The solicitor who says that he or she will call you on Friday about a new instruction but does not do so is the solicitor that you do not instruct.
If you have lots of money, call Farrer & Co or Charles Russell. If you have less money, call a smaller firm, but do no go to a High Street firm.
I recommend Barbara Rich if you need a barrister, which you will if things get contentious.
If you have lots of money, call Farrer & Co or Charles Russell. If you have less money, call a smaller firm, but do no go to a High Street firm.
I recommend Barbara Rich if you need a barrister, which you will if things get contentious.
Breadvan72 said:
I have answered that question already. See post number 2.
NB the real possibility that you have jumped to a false conclusion - the exors may be relying on a will that post dates the one that you are relying on.
I was interested in how the process evolves if the executors are challenged for ignoring the new will. NB the real possibility that you have jumped to a false conclusion - the exors may be relying on a will that post dates the one that you are relying on.
Edited by Breadvan72 on Sunday 22 November 07:40
A post dated will doesn't exist and my friend has reluctantly moved towards the conclusion.
The executors don't have a copy of the new will and haven't been in contact with the solicitor holding the will. The solicitor has confirmed this but won't give any further information and it appears isn't taking any action.
The executors have obtained a grant of probate and a will has been posted.
She's using a local probate solicitor.
Edited by GoodOlBoy on Sunday 22 November 09:29
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