Last Will and Testament could not be further from the truth

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

I am trying to get Irwin Mitchell to look at the Will to see if they feel there are any potential claims open to me. Furthermore I introduce the point that they have no attendance notes to support why they prepared Mirror rather than Mutual Wills.

Stuart, you're not getting what am saying. Forget the point about the type of will for a second. A trust is a legal device which protects substantial assets including real property (land, ie buildings/ home type properties) and personal (other property than land, ie chattels, car, something else which can be moved). No one can lay a claim to the subject (ie said assets) unless they're a listed beneficiary. If there were a trust device it should have protected your interests, so it's not about the right of a successor (beneficiary) to bequeath her own estate at her death.

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

I do understand the concepts you are covering. I am just seeking a second opinion as regards the trust issue. As regards the issue of the type of Will I accept this is entirely a different issue but one that could be added to any potential negligence claim. As an accountant I am aware that I must have supporting evidence on file to show why I came to a certain conclusion or recommended a certain. I would expect the same of a solicitor.

[Amethyst]

Re: Last Will and Testament could not be further from the truth

Clause 3 stands unless she dies within 21 days of him. As she survived him by longer than 21 days Clause 3 leaves Clauses 4 to 8 incl. with no effect. (My opinion only for what that is worth )

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

I do understand the concepts you are covering. I am just seeking a second opinion as regards the trust issue. As regards the issue of the type of Will I accept this is entirely a different issue but one that could be added to any potential negligence claim. As an accountant I am aware that I must have supporting evidence on file to show why I came to a certain conclusion or recommended a certain. I would expect the same of a solicitor.

Stuart, my point about the trusts is either do your own independent research or ask a qualified lawyer. You could begin your research of discretionary trusts with Tempest v Lord Camoys (1865). In my view, if there is a trust it's simply breach of trust and remedies are claims in personam (ie negligence, ie damages) and or claims in rem, ie trace the property assets.. you're an accountant, you should be able to do this. I know what the standards are of professionals I also studied tort law.

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

I have to say that is how I understood the situation but I can see the point that is being made. I would always have expected to read the Will from top to bottom and furthermore from what my father told me that was his intention.

I will see if I can get a Solicitor to review the document free of charge to give an opinion one way or another. I still believe the publicity route is the only way the Cosgrove's can be encouraged to respect my late father's wishes. The Cosgrove's did reply to another website forgetting the probate certificate in the following terms "It certainly wasn't a substantial amount in the will in fact it was minimal".

I am currently trying to get more television, radio and press coverage.

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

I have to say that is how I understood the situation but I can see the point that is being made. I would always have expected to read the Will from top to bottom and furthermore from what my father told me that was his intention.

I will see if I can get a Solicitor to review the document free of charge to give an opinion one way or another. I still believe the publicity route is the only way the Cosgrove's can be encouraged to respect my late father's wishes. The Cosgrove's did reply to another website forgetting the probate certificate in the following terms "It certainly wasn't a substantial amount in the will in fact it was minimal".

I am currently trying to get more television, radio and press coverage.

I understand about the publicity route, but my competence is law.

[Joanna C]

Re: Last Will and Testament could not be further from the truth

Yes I have a copy of the Will and it is a Mirror rather than a Mutual Will. If it had been the latter I would not have had this problem.

- - - Updated - - -

I asked the solicitors why Mirror Wills were prepared and they said the only documents they had on file were copies of the actual Will. I said I found it amazing they had held a meeting with my father and stepmother and subsequently prepared 2 Wills without any attendance notes.

How did they determine that it was a Mirror Will rather than a Mutual Will? It does not have to be drafted specifically as a Mutual Will as it can be inferred from circumstances surrounding the preparation of the Wills and later statements by the parties.

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

Hi Josie, The Solicitors acting for the Cosgrove's, my step family, said it could not be a Mutual Willl as it would have included a statement to that effect. My Solicitor contended there was a express agreement or if not a moral obligation to follow my fathers wishes. As the Cosgrove's Solicitors stopped responding I was then put in the position of having to take the issue to Court which I just could not afford to do.
My Solicitor did request a copy of the attendance notes relating to the preparation of the 2 Wills but the other side did not provide them. I have since found out that the Solicitor who prepared the 2 Wills only had these documents on file. I am absolutely amazed, that a firm regulated by the Law Society, should not have any supporting notes to explain the reasons for preparing the Wills.

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

Hi Josie, The Solicitors acting for the Cosgrove's, my step family, said it could not be a Mutual Willl as it would have included a statement to that effect. My Solicitor contended there was a express agreement or if not a moral obligation to follow my fathers wishes. As the Cosgrove's Solicitors stopped responding I was then put in the position of having to take the issue to Court which I just could not afford to do.
My Solicitor did request a copy of the attendance notes relating to the preparation of the 2 Wills but the other side did not provide them. I have since found out that the Solicitor who prepared the 2 Wills only had these documents on file. I am absolutely amazed, that a firm regulated by the Law Society, should not have any supporting notes to explain the reasons for preparing the Wills.

This is true the lawyer would have told the parties the effect of Mirror Wills. However, the court still could make an inference for a mirror will post mortis/ mortem even though they were effectively executed as mutual wills

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

Yes I was told I may have a claim but the bottom line was I just could not afford to lose as I could have lost our home. Meanwhile the Cosgrove's had approximately £300,000 to fight my case which is why it is so unfair. I have had to live with what my stepmother did for over 3 years now and I just cannot come to terms with how someone could be so evil.

Just to show you what I am up against my story appears on another website and an email purporting to come from Jackie Cosgrove included the following statement " It certainly wasn't a substantial amount in the will in fact it was minimal." Clearly she has overlooked the probate documents which are on public record.