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Is there another way?

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Ma79rie | 16:10 Tue 05th Jul 2011 | Civil
5 Answers
I apologise in advance for the lengthly problem I am about to relate.

During the course of divorce my husband died. His solicitors (who were acting for him in the divorce) were given his will by the sole executor to carry out probate, The executor is my step daughter. I was still married on the date of his death.

My husband had changed his will and stated in it that I was to receive nothing.
The executor had reported his death and that he was divorced. This was later rectified.
I had to challenge the will. The solicitor acting for the executor said I had no claim. My solicitor requested a round table meeting to sort out the finances. The executor refused for 11 months before a meeting took place. My claim was settled at the meeting.

I had been married for 21 years and had 2 children with my late husband. At the time of his death they were 16 and 19.
My children went to another solicitor to represent them since the executor (their half sister) was also a beneficiary.
The executor's solicitor had engaged a barrister. The fees for the barrister were £16,000.00. My children's solicitor wrote to say the barristers fees should be the responsibility of the executor personally as he had been engaged to look after the interests of the executor as a beneficiary.
The original solicitors practice was then taken over by a larger concern and another person appointed to look after this case.
The children's solicitor asked in March 2011 for a meeting to discuss the amount of fees the barrister had charged. The response was that unless this matter was dropped they would be billing their fees against the estate as well.
A letter was received by the childrens solicitor to say that a full explanation of the costs would be given before the Easter break. This didn't happen. Then it was decided that the new person had not been given all the files and would be in touch in May.
Nothing has been forthcoming.
The childrens solicitor had waited since March for a meeting or information about the estate accounts and costs.
He told them that the only way forward was to prepare proceedings for a detailed assessment and for monies from a house sale left to them in the will to be released. Apparently this is the only way forward and will take 6 months.
My children have lost their father (their half brother and grandparents) in the last 3 years. Their half sister is not in contact and saw her last at their father's funeral. Is this agony the only way forward?
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i don't understand why your children are contesting a will that they were in - if they are to recieve the proceeds of the house sale in the will, why is there any hoo-har at all?
I hope someone can help you out. I often try to help with these but at teh end of a long hard week I find this question to be rather long and difficult to follow.
Are you able to summarise in just 3 or 4 sentences what the key issue is and what you are wanting to know.
Why did you have to challenge the will?
Were your children beneficiaries ? Has the will gone to probate ?
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