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    • Well it adds up which is an Apollo 11 achievement!   Does simeon need reminding again that it is HIS responsibilty to make sure that all the Exhibits are correctly labelled, ordered and numbered etc, and that they are all correctly cross-referenced in the particulars?  Because we can't check that remotely.   The only remaining thing (which I think would be helpful to have added but is not a necessity) is a list or schedule of exhibits.  It just helps to introduce the exhibits.  But simeon will have to produce that himself - so it may be advisable not to bother...   But I don't want to rock the boat any further and am happy with #165 - unless there are any glaring errors I've not noticed.   [EDIT:  cross posted with 166 and 167.  I will check 165 over as well]
    • No this is (£387.12 for Rubble) not (£8387.12 ) Repairs is £8000.00 and £5190.00 for unfinished work
    • The figures now match, so as far as I'm concerned that's that.   If there is duplication then that's the OP's look out, there has been nearly a year to make simple lists of costs.   I think "the three of us" should have a last read through.   It's up to Simeon to make sure the references to the exhibits are accurate, they certainly weren't accurate in the version I've just edited, in fact they were contradictory, but that's up to him.   If the "three of us" don't see any obvious errors then the document is good to go tomorrow morning (not as the last minute).
    • We might, finally, be there -   Particulars of Counterclaim   1.      The original Claimant agreed to undertake building work (Project 1) at the original Defendant/now Part 20 Counterclaimant’s property in relation to 3 specific areas of work for an agreed price of £4300.  The work was:   a. To underpin the bay window at the property, b. To replace and repair a previously-removed chimney breast and, c. To install a new beam to the patio door.   2.      It was agreed that Project 1 was to be carried out under the instructions of a structural engineer engaged by the Defendant/Part 20 Counterclaimant and that the Claimant’s work would be as a result of instructions received following the structural engineer's assessment of the property.   3.      Between June and July in 2020 the Defendant/Part 20 Counterclaimant provided the Claimant with a full copy of the structural engineer's report which detailed instructions to the Claimant for the works to be carried out.   4.      It was agreed between the parties that the works would commence on 13 August 2020.   5.      It was agreed between the parties that payments for Project 1 would be made in three instalments. The first payment would be made at the start of the Claimant's work. The second payment would be paid at the halfway point of the Claimant's work. The final payment would be made on completion of the total works.   6.      The Claimant commenced work on 13 August 2020 and the first instalment due was paid.     7.      On 24 August 2020 the Claimant asked the Defendant/Part 20 Counterclaimant to arrange an inspection of his work by the Building Control Inspector.  The Claimant also stated that Project 1 was approaching mid-way and the Defendant/Part 20 Counterclaimant paid the second instalment due.   8.      The Building Inspector arrived to inspect the Claimant’s work but the Claimant was absent.  The Inspector was obviously very displeased by the standard of the Claimant's work.  The Inspector spoke to the Claimant by telephone, asking him why he was absent and interrogating him about the work he had done.  The Inspector then gave him some instructions over the telephone and also left a list of instructions with the Defendant/Part 20 Counterclaimant to be passed on to the builder.  The Building Inspector then said he would be getting in touch with the Defendant/Part 20 Counterclaimant’s structural engineer with his findings and the Defendant/Part 20 Counterclaimant should hear from the engineer soon.   9.      The Defendant/Part 20 Counterclaimant passed on the Building Inspector’s instructions to the Claimant who agreed to follow them.   10.    The structural engineer visited and recommended piling to complete the underpinning for Project 1.  The Claimant explained that he could not undertake this work. The structural engineer then suggested an alternative company to the Defendant/Part 20 Counterclaimant to do the necessary work and this company was engaged by the Defendant/Part 20 Counterclaimant to complete the necessary piling at an additional cost to the Defendant/Part 20 Counterclaimant of £3000 (see receipt, Exhibit 1).   11.    The Claimant asked if the Defendant/Part 20 Counterclaimant needed any more work to be done and, despite the problems encountered on Project 1, the Defendant/Part 20 Counterclaimant agreed on 7 September 2020 to have more work done (Project 2) at an agreed price of £2580 and on similar payment terms to Project 1.   12.  As work commenced on Project 2 and was continued on the remaining work for Project 1, the Defendant/Part 20 Counterclaimant had occasion to make several complaints to the Claimant regarding the standard of his work.   13.   Barely a week after starting on Project 2, the Claimant demanded payment for that work.  After a period of negotiation the Defendant/Part 20 Counterclaimant paid the Claimant £1500 in cash.  Both parties agreed that this left a balance outstanding on Project 2 of £1080.   14.  It later came to the Defendant/Part 20 Counterclaimant’s attention that the Claimant had removed material (including a steel beam) from the Defendant/Part 20 Counterclaimant’s property that the Defendant/Part 20 Counterclaimant suspected either belonged to him or had been paid for by him in connection with Project 1.  When the Claimant challenged the Defendant he admitted he had done this.  The Defendant/Part 20 Counterclaimant has included the value of this material in his counterclaim detailed below.   15.    On 21 September 2020 the Defendant/Part 20 Counterclaimant highlighted and sent a snagging list to the Claimant (Exhibit 2).  Over a month later the Claimant sent an employee to attend to this work.  It was not carried out satisfactorily and resulted in an updated snagging list being sent to the claimant (Exhibit 3).  All of this snagging work remains undone by the Claimant.   16.  Apart from the outstanding snagging work referred to in para 16 above, the Claimant also left other work from Projects 1 and 2 uncompleted.  That work which was not completed is listed in Exhibit 4.   17.  During the course of carrying out work on Projects 1 and 2 the Claimant also negligently caused substantial damage to the Defendant/Part 20 Counterclaimant’s property (as itemised in Exhibit 5) by not executing the work with the skill expected of a reasonable tradesman.   18.  The Defendant/Part 20 Counterclaimant seeks an order from the court directing the Claimant to pay to the Defendant/Part 20 Counterclaimant the sum of £16,577.12 in respect of:   (a)   the cost of the piling referred to in para 10 above which the Claimant could not undertake and another contractor had to be paid to complete, £3,000.00, Exhibit 1; (b)   the cost of completing work the Claimant had left undone from Projects 1 and 2 referred to in paras 15 & 16 above, £5,190.00, Exhibits 2 & 3 & 4; (c)   the cost of remedial work to put right the damage negligently caused by the Claimant and referred to in para 17 above, £8387.12, Exhibit 5; (d)  the cost of the steel beam referred to in para 14 above.  This has not yet been costed.   19. In addition to the amount in paragraph 18 above, the Defendant/Part 20 Counterclaimant also claims 8% interest under the County Courts Act 1984 from 26 October 2020 which was the last day the builder or one of his colleagues worked at the property     STATEMENT OF TRUTH   I believe that the facts stated in this particulars of counterclaim are true. I understand that proceedings for contempt of court may be brought against anyone who makes, or causes to be made, a false statement in a document verified by a statement of truth without an honest belief in its truth.
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Can this Will be contested


lardypants
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long ish story

 

grandfather remarried, v happy were together ages they both had same will if they die money left to other partner etc if after one partner dies the other dies within 30 days the estate is to be split between her 3 children and his 3 children.

 

 

well she died 12 years ago, 6 years ago he decided to remake a will as his deseased wifes children made no effort atal to contact him or play a role in his life, so he left the estate to his 3 children, but did leave 5 grand to one of the children and 3 grand to the other two so atleast hes given them something.

 

now he died few weeks back, low and behold they are all popping out of the woodwork one had even requested copy of the will, now they are saying they are going to contest the will put a cveat on the house and kicked off about letting him be burried in his wifes grave, how cruel and twisted is that!!

 

anyway we know they cannot do that bit and funeral for him to be burried in his wifes grave will go ahead thankfully.

 

 

any thoughts and opinions on this?

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It is very difficult to contest a will. The main reasons for doing so are lack of capacity, or insufficient provision being made for financial dependents. His wife's children don't fall into those categories so it is difficult to see how they could contest the will.

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Its not only difficult to contest a Will its very expensive. They're probably bluffing to see if you'll cave in a give them some cash. Let them get on with it, its doubtful they'll get anywhere as I can see no grounds. At the end of the day, his widow left him everything and he was entitled to decide where is money went after his death.

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it looks like they are saying they are going to put a caveat on the will

 

can they do that? they do have a copy of the will

 

They can, and it can stop a grant of representation being given for up to 6 months.

 

However, if they can't claim an issue with who the grant of representation will be given to, or they can't actually challenge the will, it won't do them any good (beyond being a delaying tactic).

 

If you can "wait them out", then say "go ahead, get a caveat, but it won't change anything, and in 6 months you'll still have nothing extra, as all it will do is give you up to 6 months to challenge the will, which you won't succeed at.

I'll be happy for a court to rule on the will anytime between now and then".

 

Are they relying on you needing probate quickly, in which case it may be a bargaining tool by them for you to offer them something .....

 

You said before they might "put a cveat on the house" : do you mean a charge or claim on the Land Registry for the house, or a caveat on the will?, or a "caveat on the house".... I don't think they can "put a caveat on the house", only the whole of the will.

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not really my mother and one of her sisters dont mind if it even takes a year, the other is a money grabber and wants the money yesterday lol

 

Tell them that they can of course get a caveat.

Point out that they won't get any more, but with the caveat delaying the whole process, what they are entitled to will be delayed.

 

They can't both "hold up the process" and "want the money yesterday", even if they think they can..... and you can point this out to them....

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i know, to be honest i imagine what will happen is they will give in and allow them 50 percent of the estate, personally id fight and wait but my mums been in tears over it as the her money grabbing sister is being a right pain in the arse. the solicitor who was a executer has pulled out from being one too, so leaves my mums two sisters as executers, one of them is the money grabber

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If the executor does not follow her obligation to distribute the assets in accordance with the will then you should employ a solicitor to bring court action against her. In a clear-cut case it is likely that you will be able to recover legal costs from the money grabber.

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A caveat can be challenged by issuing a warning at the probate registry, there is no charge for this. They would then have to provide a document setting out their reasons they think the wills invalid, I think within 8 days. If they don't do so the caveat is removed.

 

If one of the executors is trying to get more than the Will stated for herself, then your mum or one of the other beneficiaries can issue a caveat objecting to her ad executor. This only costs £20.

 

Also note that if they issue an invalid caveat and this goes to court, they would have to pay all the costs.

 

As a matter of interest, what grounds do they say they have?

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If she hasn't issued a caveat then probate can continue without delay.

 

But if a caveat is is issued, only problem is is that after the 6 months is up they can go it again and issue another caveat. I'd be tempted to challenge it ad explained above. It isn't hard and costs nothing. Once she can't justify the caveat than it would be removed before the 6 months.

 

 

 

Well looks like good news, mum has said Sod it let them try so she's just Gonna sit back and ride it out for as long as it takes.

 

6 months to contest which as you say will be very doubtful

 

 

The money grabber sister is gonna blow her stack haha

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