Legal Question in Wills and Trusts in United Kingdom
A friends mother (widow) died some 11 years ago and her solicitor was the sole executor of the Will . She left children and grandchildren but the principal asset was her house. The solicitor said that the house was left to him only and when asked for a copy of the Will, the solicitor declined to give one saying it was none of anyone's business but his.
Nothing was followed up on this and I have only just learnt about it. Is there a statute of limitations on such matters or can the family raise the query with the law society of someone to find out how the house was left to the solicitor and not the family ?
Any help appreciated
Malcolm
Free Question
1 Answer from Attorneys
The difficulty here is not the Limitation Act. Any claim would be based upon dishonesty and possibly fraud which is not subject to limitations. The first step must be to obtain the will which is a public document once probate has been taken out and should not therefore present any problems. If the gift to the solicitor is out of proportion to other legacies there will be a presumption of undue influence to be answered. Further evidence is necessary but if a claim seems possible this should be made against the solicitor's compensation fund and there will be little point in simply dealing with it as a disciplinary matter with the Law Society or Solicitors Regulation Authority.
Andrew Dutton
Legal-Zone
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