And without making a complaint.

 

My Dad's Will is being dealt with by a Solicitor.  The Solicitor is explaining something to me, but I still don't understand it.  Their answer seems to go against what Dad's wishes were, so my thoughts are that he didn't fully understand what the outcomes would be - the same Solicitor drew up the Will with Dad, so will of course assert that he fully understood.

 

Does anyone have a good legal mind (at least better than mine!), or can anyone suggest how to check what I'm being told is right?

 

I suppose I could go to a local solicitor or the CAB for their advice.  I don't want, if I can help it, to contest the Will, as I expect that would cost more that just accepting the potential fait accomplis.

 

I'm aware of the role of the legal ombudsman.

 

Thanks

 

Gaz

First, probate must be obtained before any will can be executed. This can be obtained using a solicitor or you or family member can do yourselves cheaper.

 

The executor, i.e. the person(s) nominated in the written will are responsible for distributing the estate as declared in probate as directed by the exact wishes expressed in the will. Often there may be wording open to interpretation. The beneficiaries, only if they all agree, may alter the will with a deed of variation, this includes appointing a new executor.

 

https://www.gov.uk/alter-a-will-after-a-death

 

Ask for a copy of the will, and a written explanation of what is disputed or not understood. Then take that to an independent, unrelated solicitor who specialises in wills and probate, and discuss it with them. When making an appointment explain your situation and ask for a price for the visit and advice. Should be no more than about £20.

 

Hope this helps, good luck

3 minutes ago, xman said:

First, probate must be obtained before any will can be executed.

Probate is usually, but not always, required - see https://www.citizensadvice.org.uk/family/death-and-wills/dealing-with-the-financial-affairs-of-someone-who-has-died/#do_you_always_need_probate_or_letters_of_administration

Probate is needed.  The Solicitor is the appointed executor.  I have a copy of the Will. I have my email to the Solicitor and their reply.

 

I'll arrange to see another Solicitor.

 

Thanks for the replies, X and Dave.

 

Gaz

 

 

Probate if the person who wants to deal with it is not an executor...

 

Don't trust solicitors 100%....appointed executors of my fathers will made a mess way too many mistakes...also wanted me to "juggle" (legally) the money around as its better for certain tax reasons....which would have them left me personally liable.....& HMRC were on a hunt for this type of juggling.......I ended up sorting it & getting probate etc....& cut their bill in half......they ended up agreeing my version of their bill...they knew I would have taken them to court...

 

I don't mess around...