Estate probate behavior

[L P]

After opinions and ideally legal advice on this...
Family wanted to sort some paperwork for a KC'S opinion on the old man's will today, I agreed to meet them and go through it. Got to the house to find them in the farm office having dug out and photocopied a stack of my business paperwork, partnership accounts, partnership invoices etc without asking any consent. I was more than upset and got the response of, oh well, you're here now. Still with no consent it's now been removed from the farm office without any form of apology. I'm pretty sure this isn't remotely legal?

 

[teslacoils]

Who's "them"?

 

[L P]

Who's "them"?

Brother and two sisters, no engagement with the farm

 

[teslacoils]

Brother and two sisters, no engagement with the farm

I think my non-legal opinion would break down a bit depending on in what caps ity your siblings were there.

If they, acting in capacity of executors or the will; as named beneficiaries who had engaged a legal professional in regards to your late father; or as representatives of said law firm, has accessed the house (you don't say if it's your house, or your father's house) in order to obtain pertenant information to help the above then I'd be thinking it was less bad than it sounds.

At first sight, I'd presume you have documents you would consider sensitive and relating only to your own separate business, which is why you would have wanted to be there.

So they were early, or perhaps you were running late and they got cracking. Presumably they had to sort what was relevant and not and you are concerned and upset that they could have accessed things you'd rather they hadn't seen.

It sounds messy, but how messy would depend on how cross I was a day or two down the line. Were your personal business documents so easily accessible in a farm office share with documents?

Assuming they didn't copy your personal documents, and maybe if they apologised "better", and assuming you don't hate your siblings (or their spouses, who often pull the reigns where money / wills get spicy) then maybe it's not so bad?

 

[thorpe]

Brother and two sisters, no engagement with the farm

oh dear, it sounds like your in for some grief!

 

[David.]

The first three lines probably tell you all you need to know.

 

[L P]

I think my non-legal opinion would break down a bit depending on in what caps ity your siblings were there.

If they, acting in capacity of executors or the will; as named beneficiaries who had engaged a legal professional in regards to your late father; or as representatives of said law firm, has accessed the house (you don't say if it's your house, or your father's house) in order to obtain pertenant information to help the above then I'd be thinking it was less bad than it sounds.

At first sight, I'd presume you have documents you would consider sensitive and relating only to your own separate business, which is why you would have wanted to be there.

So they were early, or perhaps you were running late and they got cracking. Presumably they had to sort what was relevant and not and you are concerned and upset that they could have accessed things you'd rather they hadn't seen.

It sounds messy, but how messy would depend on how cross I was a day or two down the line. Were your personal business documents so easily accessible in a farm office share with documents?

Assuming they didn't copy your personal documents, and maybe if they apologised "better", and assuming you don't hate your siblings (or their spouses, who often pull the reigns where money / wills get spicy) then maybe it's not so bad?

Honestly, they just seem to have forgotten how to behave, I dont have a problem providing all and any necessary paperwork, I'm an executor anyway and had been compiling what's needed for the chap.
Just bloody livid that no stone was left unturned and not one of them had any authority to go through it.

 

[L P]

The first three lines probably tell you all you need to know.

It's not for anything but an opinion, so not required by law, its been requested not demanded... on that basis they should, I believe, either have my consent or have let me compile it and pass it to the KC?

 

[teslacoils]

Honestly, they just seem to have forgotten how to behave, I dont have a problem providing all and any necessary paperwork, I'm an executor anyway and had been compiling what's needed for the chap.
Just bloody livid that no stone was left unturned and not one of them had any authority to go through it.

So none of them had any legal capacity relating them to the paperwork? No grant of probate etc? How did they get in? Did they have a key?

 

[Still Farming]

What's connection, legal framework , LPA or history as possible helps discussions on here.
If they just walked in after decades of no involvement or connections with farm or family different possibly???
Sorry for your loss and turmoil.

 

[onesiedale]

It's almost as if you now need an independent mediator to come in, clear the air, explain the ground rules of how these processes work and in reality what information is required by who and when. Then start fresh again, and hopefully the rest of the process can proceed with minimal upset.

 

[David.]

It's not for anything but an opinion, so not required by law, its been requested not demanded... on that basis they should, I believe, either have my consent or have let me compile it and pass it to the KC?

Sorry didn't mean to be cryptic, the situation reads to me like someone is agitating for support in potentially contesting the Will.

 

[puppet]

Engaging a KC for an opinion on a will at an early stage hints at a world of pain in store.
At first glance their behaviour seems unreasonable but did they think you were going to be selective with the documentation?

 

[Nearly]

Report the theft of your documents to police.

 

[PSQ]

Report the theft of your documents to police.

Who will just use the "it's a civil matter" line to keep it off their books.

 

[Flatlander]

Wills used to be the final say on the deceaseds part but sadly now it becomes a legal battleground between all and any parties that want to lay claim to assets of the estate. The fact that your siblings are requesting paperwork and arrogant enough to just take freely tells me they are feeling short changed and have lost respect for the wills intentions. Keep you cool. Time will come to remind them of their behaviour and have the last word.

 

[David.]

The thing with Wills, except in very few instances where outright deception can be proven, is that, "If they didn't want you to have it, they didn't want you to have it".

 

[betweenthelines]

Two sides to every story.

For all we know OP may have been sole beneficiary of Father's Will and siblings may feel they are entitled to a share of the Estate. If mother survived the father, she will have a good case if she wan't mentioned in the Will.

Engaging a KC prior to Court indicates there's a large sun involved.

OP may need to prove that he was fully involved in a partnership with his father which might mean the siblings have weakened their case by seeing Partnership Accounts etc.

 

[L P]

Engaging a KC for an opinion on a will at an early stage hints at a world of pain in store.
At first glance their behaviour seems unreasonable but did they think you were going to be selective with the documentation?

Not at all, I've nothing to hide and have been 100% open. Situation isn't ideal

 

[L P]

Two sides to every story.

For all we know OP may have been sole beneficiary of Father's Will and siblings may feel they are entitled to a share of the Estate. If mother survived the father, she will have a good case if she wan't mentioned in the Will.

Engaging a KC prior to Court indicates there's a large sun involved.

OP may need to prove that he was fully involved in a partnership with his father which might mean the siblings have weakened their case by seeing Partnership Accounts etc.

No they have been well catered for, I've been full time farming and in partnership for 24 years. They are trying to lay claim to inherit the old farmyard via reinterpreting his will and attempting to find a loophole