Do You Want To Be Involved In A Will Contest? - PowerPoint PPT Presentation

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Do You Want To Be Involved In A Will Contest?

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You do not have to involve a solicitor if a loved one dies and you are the executor. However if one of the relatives is contesting a will you may want to take legal advice. – PowerPoint PPT presentation

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Title: Do You Want To Be Involved In A Will Contest?


1
Do You Want To Be Involved In A Will Contest?
  • You do not have to involve a solicitor if a loved
    one dies and you are the executor. However if one
    of the relatives is contesting a will you may
    want to take legal advice.
  • The reason for this is that if it happens, the
    person contesting a will is taking action against
    you personally as an executor. You can take
    reasonable steps to try and resolve the problem
    yourself, but you also have to adhere to the
    wishes of the deceased person.
  • If you should make mistakes in dealing correctly
    with the issue they will claim against you and
    you will have to pay damages out of your own
    funds. You will have to try and resolve the
    matter by negotiation.

http//www.owenwhitecatlin.co.uk/
2
  • You can find that the claimants wish to remove
    you from the duties of an executor, even if you
    have been appointed by the deceased in his or her
    will.
  • If you should find yourself in such a position it
    may be pertinent to involve a specialist lawyer.
    As court proceedings are absolutely the last
    resort in cases such as this, your solicitor will
    attempt to resolve matters with a person
    contesting a will by correspondence.
  • If a beneficiary thinks that you as an executor
    is unreasonable, the solicitor for the claimant
    will write to you asking you to remedy the
    situation so that you can proceed to administer
    the properly.

http//www.owenwhitecatlin.co.uk/
3
  • If you do not do this the consequence is that
    court proceedings will be issued and a cost order
    against you will be sought. Since in some cases
    these proceedings can run to tens of thousand
    pounds, you may want to come to your senses and
    proceed properly.
  • You need to know that the court does not remove
    an administrator or an executor lightly. There
    have to be strong grounds for the removal to be
    granted. These are almost always relating to
    financial dealings. If there is evidence of
    financial misconduct, you need to know that the
    Court will certainly act.
  • Hostility between the parties is not enough
    reason. The court will want to establish whether
    these hostile relations will seriously affect the
    proper administration of the estate.

http//www.owenwhitecatlin.co.uk/
4
  • Executors can also be removed if there is
    evidence that the proceedings are not progressing
    to the satisfactory conclusion of the estate to
    be administered.
  • Having considered the above are you still willing
    to proceed by doing things yourself? There are
    many tasks involved. These include collecting
    the assets, paying off all liabilities and
    distributing the estate correctly according to
    the law.
  • There are several instances where it is advisable
    to appoint a lawyer. These are if the estate is
    over the inheritance tax threshold of 325,000.
    Where it is debatable that the will is actually
    valid is another consideration. There is also a
    need for a solicitor if there are complicated
    trust issues.

http//www.owenwhitecatlin.co.uk/
5
  • It may be that you are about to meet a stranger
    and have to off-load intimate details or confess
    to some criminal activity. It therefore helps if
    the firm you visit make a very big effort to put
    you at your ease.
  • If you are not relaxed and comfortable with your
    legal representative then it can be more
    difficult to get to understand whether there are
    some underlying mitigating circumstances that
    could help your cause.
  • We have looked mostly at criminal defence but of
    course you could equally be in need of a criminal
    lawyer to help bring you justice against another
    party.

http//www.owenwhitecatlin.co.uk/
6
We have six offices located in South West London
Addlestone Ashford Chiswick Chiswick - Watson
Marshal Feltham Hammersmith Shepperton Solicitors
London Solicitors Middlesex Solicitors Surrey
7
Thanks for your time
http//www.owenwhitecatlin.co.uk/
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