freddie Posted February 22, 2010 Share Posted February 22, 2010 Hi .If probate has been signed off by the court as complete in one county in UK, is it legally binding in all counties?. young friend has had a rough time , as his grandad left him everything, and his Aunt is being a pain, and is contesting the will big time, but probate has been signed off. The aunts no win no fee lot reckon they posted objection 3 days before, in another (long way away ) county. Young freind is terrified, and cannot really afford to keep going to solicitors at £200 an hr. YF is 19. GD brought him up. He's a very decent young person, and I'm his In case of emergency. Gd died in his arms at 17 half, as GD wanted to be at home. Aunt and birth mother are not nice persons. at least birth mother is not contesting, but she's not helping either. Aunt and birth mother are sisters. Neither helped at all when their parent was ill and had no inerest in helping raise YF. Will was properly drawn at solicitors,, but YF was under 18 at time of GD death. any sound advice would help. we are going to seek app with solicitors, but want to find out as much as poss before we go in, so we know what questions to ask Thanks Quote Link to comment Share on other sites More sharing options...
jackiepoppies Posted February 22, 2010 Share Posted February 22, 2010 What a horrible situation to be in. I'm afraid I can't offer any advice, but just wanted to wish your YF all the luck in the world. Jx Quote Link to comment Share on other sites More sharing options...
Chickendoodle Posted February 22, 2010 Share Posted February 22, 2010 Oh the poor lad. I'm sure that there is someone on here with legal knowledge who will be able to help. Does your friend have home insurance as there is usually a free legal helpline which may help him a little? Quote Link to comment Share on other sites More sharing options...
Daphne Posted February 22, 2010 Share Posted February 22, 2010 I'm not an expert, but I'm pretty sure once probate has been granted its binding in all English and Welsh counties. However, I have no idea about what happens if somebody objects, either before or after the granting. Have you tried: http://www.hmcourts-service.gov.uk/infoabout/civil/probate/helpline.htm Quote Link to comment Share on other sites More sharing options...
Cooks Posted February 22, 2010 Share Posted February 22, 2010 do we have a lawyer on the forum?? it seems like this guy needs a friend that isn't going to charge him £200 an hour. Please make him stick at it, dont let him back down, it's not what his Grandad wanted. Quote Link to comment Share on other sites More sharing options...
milli Posted February 22, 2010 Share Posted February 22, 2010 I have no idea but wondered if this was of any help http://www.communitylegaladvice.org.uk/ Hope everything works out well for your YF. Quote Link to comment Share on other sites More sharing options...
Guest Posted February 22, 2010 Share Posted February 22, 2010 I will find out for you one of my relatives will know but,,,hopefully someone will come along. I think your solicitor is charging hell of a lot! Most will give good advice prior to taking a case on. As long as the grandad made a proper will with his express wishes particularly via solicitor etc she will find it hard to contest it unless she was dependant on him in someway? indie Quote Link to comment Share on other sites More sharing options...
C&T Posted February 22, 2010 Share Posted February 22, 2010 I hate it when families get to this point - but that is human's for you I guess. I can't advise at all - but wondered if the Citizens Advice Bureau could help? They are so good and free, if you are just after advice? They wouldn't be able to act for you or anything, but could maybe advise on your YF's rights and what next options could be. Money - route of all evil I am sure. Quote Link to comment Share on other sites More sharing options...
Old Speckled Hen Posted February 22, 2010 Share Posted February 22, 2010 All probate does is put the will in the public domain so that anybody can look at it and gives the executors the wherewithal to distribute the funds. CAB is a good idea to get your rights and questions sorted out but if the will is being legally contested you will need proper legal representation. The age your YF was at the time of death is neither here nor there. You can leave a fortune to a baby or even your cat. I do hope it works out OK; such a terrible thing to be worried about after losing a loved one. Quote Link to comment Share on other sites More sharing options...
debbier Posted February 22, 2010 Share Posted February 22, 2010 You could try asking the question on the Motley Fool probate forum. http://boards.fool.co.uk/Messages.asp?mid=11844029&bid=51094 You do have to register, but it's free. There are some very helpful and clued up people on there, some of whom are solicitors who specialise in probate. Quote Link to comment Share on other sites More sharing options...
Ain't Nobody Here Posted February 22, 2010 Share Posted February 22, 2010 How sad for the poor lad, having to go through this at a time like this . I had occasion to call the CAB last week. They were very helpful. Quote Link to comment Share on other sites More sharing options...
keyhole kate Posted February 22, 2010 Share Posted February 22, 2010 No expert but I handled the probate when my mum passed away without leaving a will I applied and I hold the grant of representation to dispose of her Estate as I see fit. My brother & sister could contest my decisions but that's another matter. As far as my understanding of probate If there was a will and it was properly drawn and witnessed it is legally binding no matter what its contents are or who it benefits. Unless Auntie can prove that GD had it drawn up whilst not in sound mind & body or that he was coerced then she is on a hiding to nothing and simply trying to be mean and use scare tactics hoping he will give in and share unless GF left a substansial fortune it would cost them more to contest it than they would probably gain. Hold firm young man and think if GD had wanted to leave anything to Mum or Auntie he would have done Serves them right what goes around comes around Quote Link to comment Share on other sites More sharing options...
Wolfie Posted February 22, 2010 Share Posted February 22, 2010 Hi Freddie I just got Mr Wolfie to read your post and he said good advice offered above already. He says ring The Probate/Inheritance Tax Helpline 0845 30 20 900 here in Nottingham. They will try to help! Quote Link to comment Share on other sites More sharing options...
Wolfie Posted February 23, 2010 Share Posted February 23, 2010 Mr Wolfie here, for my sins I work in IHT/Probate office. If you have obtained the Grant of Probate, the form would have the seal embossed in the right hand corner, this means the Probate Office accepts your friend as being the Legal Personal Representative of the estate and entrusts him to administer the estate according to the Will. The Grant of Probate is the passport to access all the assets such as bank accounts. All financial bodies will ask to see a copy of the Grant before they will release funds. No matter which Probate office he attended the Grant is valid nationwide. It can be assumed that no body has objected to the Probate office before the Grant was issued, otherwise the objection would have had to be heard before the Grant could be issued. He should only seek further advice if he receives something official from the Probate office. The bottom line is he has the legal status and authority to deal with the estate, and no one can interfere with this right. The objection would have to based on evidence of either another Will or on dependency, if no one was living off the dec'd funds, and without provisions from the estate they would have to seek help from benefits, then if they are out of education age any claim for dependency would fail. I'm afraid where money is involved families want their share, it is something I see and hear everyday. People say a lot of things in the hope of getting something. If he has the Grant he has the authority and there is no need to pay for further legal advice unless he hears further from the Probate office. If he is really worried about what may have happened, if he contacts the Probate office he attended they should be able to confirm/deny if a claim has been made and explain fully what the Grant means. Quote Link to comment Share on other sites More sharing options...
ladyjulian Posted February 24, 2010 Share Posted February 24, 2010 Hi .If probate has been signed off by the court as complete in one county in UK, is it legally binding in all counties?. young friend has had a rough time , as his grandad left him everything, and his Aunt is being a pain, and is contesting the will big time, but probate has been signed off. The aunts no win no fee lot reckon they posted objection 3 days before, in another (long way away ) county. Young freind is terrified, and cannot really afford to keep going to solicitors at £200 an hr. YF is 19. GD brought him up. He's a very decent young person, and I'm his In case of emergency. Gd died in his arms at 17 half, as GD wanted to be at home. Aunt and birth mother are not nice persons. at least birth mother is not contesting, but she's not helping either. Aunt and birth mother are sisters. Neither helped at all when their parent was ill and had no inerest in helping raise YF. Will was properly drawn at solicitors,, but YF was under 18 at time of GD death. any sound advice would help. we are going to seek app with solicitors, but want to find out as much as poss before we go in, so we know what questions to ask Thanks At his age unless he's doing something unusual he's probably eligible for legal aid. Try here to find a legal aid solicitor. Quote Link to comment Share on other sites More sharing options...
freddie Posted February 24, 2010 Author Share Posted February 24, 2010 hi everyone, thank you for all the help. I have pm'd someone, and someone has p'md me. Its so good that people still care enough. thank you so much. Quote Link to comment Share on other sites More sharing options...
