I am 1 of 2 professional Executors acting under a Grant of Probate in respect of a Will that was prepared by colleagues in my Practice. There has been an allegation that at the time that the Testator did not have mental capacity. A Larke-v Nugus statement has been prepared and served, medical and care home records are being obtained
If this does not resolve the matter and proceedings are issued by the disappointed beneficiaries of the previous Will i am trying to resolve in my own mind who the defendants would be and what role should they take.
Is it the Executors - generally the appointed Executors adopt a neutral role in proceedings, is it the LLP that prepared the Will who would be the Defendants or would it be both - with the Executors merely deposing as to the assets with the LLP resisting the claim on the basis that its Fee Earners were satisfied that the Testator had capacity .
II would also anticipate that the Professional Insures would become involved but I am keen to ubderstand who would be a party and their position they should adopt