question about a will

[lorr01]

hi, just looking for a bit of advice on this if anybody could help me i would be very grateful,

i hava a case on the basis to have an entire will set aside on the grounds that it was procured by undue influence, my question is

!) how long does this usually take??.

i havent heard anything back from my solicior yet and its now 8 months , is that normal?? My solicitor then decided to write to there solicitor (my sisters).

My solicitor wrote to the excetors (my sisters) solicitors and forwarded a copy of the previous will (that was made 2 years ago which left me as excetor) and an attendance report at that will. and i have still heard nothing yet. Is that normal?.

you see my mum made a will in 2004 in good health, leaving me as an excetor, but then a year later my two sisters arrived on the scene and created hassle for both me and my mum, and demanded to take care of her tilll she passed away.

they took her to a solicitor to try get her to change her will but as she had already made one, when she went into the solicitor again he noticed she was very stressful and he siad to (my 2 sisters) "no will will be made here today" so they took my mum to another solicitor 20 miles away and he allowed a new will to be drawn up leaving everything to (2 sisters).

 

[lorr01]

what is an affidavid?

hi

could anyone please explain to me what an affidavid is please and thanks??

 

[MOB]

"i havent heard anything back from my solicior yet and its now 8 months , is that normal??"

In the circumstances you describe, this does not seem entirely normal. I think you should schedule a meeting with your solicitor and get detailed advice on the up to date position. It is possible that you have a slightly awkward choice to make. On the one hand, if your solicitor is also the solicitor who made your mother's original will, then it is possible that this solicitor could ultimately be a witness in whatever proceedings you are bringing. If this ends up in court, then in my opinion, you would be better served by having different legal representation, so that the solicitor who prepared the original will can testify (if the need arises) without conflict. However, if it is very likely that this case will settle, and if progress in this direction is already underway, you might not want to incur the substantial extra cost of bringing another legal team on board at this stage. If I were the solicitor, I would already have referred you out to somebody else, though I candidly admit that this would be more out of concern for my interests than yours. None of this should be taken as a criticism of your solicitor - this is not a situation where there is one option that is clearly right and others that are clearly wrong.

 

[lorr01]

"i havent heard anything back from my solicior yet and its now 8 months , is that normal??"

In the circumstances you describe, this does not seem entirely normal. I think you should schedule a meeting with your solicitor and get detailed advice on the up to date position. It is possible that you have a slightly awkward choice to make. On the one hand, if your solicitor is also the solicitor who made your mother's original will, then it is possible that this solicitor could ultimately be a witness in whatever proceedings you are bringing. If this ends up in court, then in my opinion, you would be better served by having different legal representation, so that the solicitor who prepared the original will can testify (if the need arises) without conflict. However, if it is very likely that this case will settle, and if progress in this direction is already underway, you might not want to incur the substantial extra cost of bringing another legal team on board at this stage. If I were the solicitor, I would already have referred you out to somebody else, though I candidly admit that this would be more out of concern for my interests than yours. None of this should be taken as a criticism of your solicitor - this is not a situation where there is one option that is clearly right and others that are clearly wrong.

hi ya,

thanks a mill or getting back to me so fast, ya the solicitor who done my mums orginal will, has already transferred me to another solicitor, but if the need arise he will be my witness, he has told me so already,
ya i will go have a chat with my soicitor next week so see are there any new developments on my case.

thanks again
lorr