Can A Will Be Contested After Probate Has Been Granted?

[Busby15]

A caveat was served to prevent me getting probate on my Mother's estate, I served a warning and heard nothing after 8 days so probate was granted. I now have a letter from a privat lawyer telling me that the s-i-l is claiming damages against my Mother's estate, even though her Will quite clearly leaves nothing to her. She is trying to claim my dead brother's share of a family business. The letter advises me to get a Lawyer. She has accused me & my Mother of covert dealings with the businesses finances. Can I serve a counter claim on her for defamation? What should I do first?

[FredPuli43]

Ignore the defamation aspect. If a business is involved, I can't see that probate has anything to with it; the will itself is not being contested and nor was this person claiming as a dependant. You can always claim for losses occasioned by the wrongdoing of another, whether they are alive or dead provided you do so within time limits; indeed, you have got anyone to sue until administrators or executors are acting, in the latter case.

This is one for Barmaid or one of the solicitors on this site, such as tonywiltshire as to what step is best. Annoyingly, you are likely to have to get a solicitor, if only tell the other side to clear off! You need further and better particulars of this supposed claim, but I don't think you should be doing the asking yourself.

[boxtops]

Just in case the others aren't around (and may well be at work at the moment), I'd appoint your own solicitor, sharpish. Don't acknowledge the letter, leave that to the legal experts.

[dzug2]

I think the first step is to ask the Probate Office. They almost certainly won't comment on the legal side of it but they will tell you the procedures.

It does sound that they didn't have enough evidence to present to the Probate Office to stop Probate but want to sue the estate instead. So they've abandoned contesting the will but are out to prove your mother owed them money instead

Defamation - only if you are prepared for a 5 figure legal bill

As in your previous posts - you will need specialist legal advice. Ultimately your SiL should pay for this if she loses.

[Busby15]

The private Lawyer calls himself a chartered legal executive, Comm for Oaths but I can't find any details to confirm his qualifications. How can I be sure he is what he says he is?

[bert_h]

// The private Lawyer calls himself a chartered legal executive... How can I be sure he is what he says he is? //

Don't bother. Leave that to your solicitor.

[Prudie]

I thought a legal executive was not a fully qualified solicitor, bit like a teaching assistant so not able to carry out full duties.

[FredPuli43]

Chartered legal executive is not a solicitor. He is what used to be known as a solicitor's clerk and helps to run the office. Does not the letter have the name of a solicitor's firm on it? It would be very unusual for a clerk to sign a letter like that, unless perhaps with the statement 'dictated by [a solicitor]; it is the kind of letter only a qualified solicitor in the firm would write because it is on potential litigation and, as such, requires a qualified solicitor to write it, in the firm's own interests.

[Peter Pedant]

busby you arent having much luck really are you ?
I have read a few other posts of yours
last time I advised...
Bus: can you please advise what to do?

get a lawyer who specialises in Land

and yes oops this will cost. [I wrote a few weeks ago]

This will cost - the estate most probably - your sister in law will try to get the estate to cover costs. As far as I can see - she married your late brother and his will was not redone on the marriage and so was invalid. This means that she inherited the dead brothers estate under the intestacy rules and doubtless is claiming that that meant part (his part) of the family business.

..... and it all depends on what his part of the business was. If for example it is share options he never took up then her claim is zilch however if it is..... etc etc then she may have a claim.

The lawyers on this site can tell you if a legal exec can practise on his own. I thought they couldnt....but times change

[Peter Pedant]

defamation - forget it - you dont have a claim
and if you DID you shouldnt act on it (waste of moolah)

[Busby15]

How can I check he is genuine? Can I type his name into the Law Society Bible? Is there a registrar ?

[FredPuli43]

The first question is the one I asked: is the letter headed with the name of a solicitors' firm ? "Private lawyer" doesn't suggest so, but is it? Only a solicitor or barrister can conduct litigation on behalf of someone else ("acting for someone").

But you can check whether a person is on the Roll of Solicitors at all, whether their practising certificate is up to date, and whether they have been struck off or suspended, by ringing the Law Society and asking them to check their records.

Commissioner for Oaths is a bit puzzling. Such a person is normally a solicitor, though now any standard oath can be taken by a solicitor.

[FredPuli43]

A legal executive can be a Commissioner for Oaths, as can a licensed conveyancer, apparently.

[Buenchico]

>>>How can I check he is genuine?

http://www.cilex.org.uk/about_cilex_lawyers/cilex_lawyers_directory.aspx

[Busby15]

FredPull the answer to your question is no, there is no name of any firm.it has his name ,underneath that " Chartered Legal Executive" , Cmmr, for OATHS
Private Client Lawyer.

[Buenchico]

>>>Chartered legal executive is not a solicitor. He is what used to be known as a solicitor's clerk and helps to run the office

That's a bit demeaning to legal executives, Fred! The 'duty solicitor' at a police station is frequently not a solicitor but a legal executive. He/she is fully empowered to represent someone in a police station and, on behalf of the firm he/she represents, to provide them with legal advice and support. Legal executives can also represent clients anywhere else that they may be required to do so except before a Court of Law.

While there is a non-graduate route into the profession (which acquires a graduate-level qualification anyway), a graduate in Law would have to spend 1 year acquiring their Diploma, a further year completing their legal practice course and then complete five years of qualifying employment to achieve Chartered status. That makes the total training and qualifying period (from starting a law degree) 10 years, which is longer than it takes to become a doctor. Legal executives are most definitely not just 'clerks'!

[Busby15]

I've checked out the link ,his name is there. So he is a chartered legal exec.

[Busby15]

If only a Solicitor or a Lawyer can litigate, does this mean his letter isn't worth the paper it's written on?

[FredPuli43]

That's because since the introduction of taped interviews and PACE, the proceedings in the police station can be conducted by a solicitor or his representative, BC.

It is, of course. an offence for anyone unqualified to 'act as a solicitor' (maximum 2 years' imprisonment) or to give the appearance of being so qualified (maximum penalty a fine)

There used to be rule that a solicitor's clerk who had been so employed for a sufficient time could be admitted as a solicitor. These "10 year men" were still about as late as the 1970s.

[Busby15]

Fred, are you telling me this Private Lawyer is committing an offence ? Can I report him for foul practice ?

[FredPuli43]

No Busby, it means that your sister-in-law hasn't got proper legal advice from someone who is qualified as a solicitor; the person may have some idea of procedure and how things are done but that's all. Nobody should be regarding him as qualified to charge for legal advice . It could be right, quite possibly isn't. That's why the Solicitors Act 1974 (not the first such Act) exists to protect the public.

However, that doesn't mean the letter should be ignored. An action might be coming, in the name of your sister in law.