Handwritten will on two separate unconnected pages. Probate registry raised requisition on the will and accepted likelihood that it was intended as one document and issued grant.
A comedy of errors.
The registry failed to spot that the two witnesses are beneficiaries - between them receiving the princely sum of £1,200.00. Fee earner dealing with the file also failed to spot.
1.Will leaves 7 legacies totalling £7,200. All have been paid out.
2. Will leaves an amount at discretion of executor/trustee for a headstone for the family plot which already contains her mother. No fixed amount. Does this create a discretionary trust? Objects fixed but date and amount no specified.
3. Residuary estate to be divided between niece H and her daughters G and B. B is a minor.
4. Residuary estate = £114,000 = £38,000 each to the three.
5. H was sent interim distribution of £50,000 with no comment about the fact that this is in excess of her entitlement so should be treated as part of daughter(s) entitlement (and if so which daughter?)
6. The fun part - will specifically states that she does not want any part of her estate to go to her sister (closest relative). Sister is the person who will inherit in an intestacy, Of course if invalid then the above may be irrelevant and we will have some uncomfortable correspondence with the executor, who is our client.
What do members think about our exposure, potential remedies/approaches/whether any blame can be aid at the door of the Registry.
Think I know where I am heading but don’t particularly like it.
Mike
mccabe760@aol.com
PS haven’t seen any holiday reading lists. Have they ceased?