left out of will -update

snowy2008

so i wnt to a solicitor and he thinks ive a good chance of overturning the will, but then it could just blow up in my face (my words not his!) he said he needs to contact a barrister and see how we proceed, he wont even talk about fees and is always telling me that will be dicussed when it comes to the time, anyway im kinda lacking in confidance in the guy so could i just approach an independant barrister, give him all the facts and see what he thinks? can anyone recommend a barrister?

thanks!

Victor

snowy2008 wrote: »

could i just approach an independant barrister, give him all the facts and see what he thinks? can anyone recommend a barrister?

Barristers generally won't deal with ordinary members of the public.

Farcear

snowy2008 wrote: »

so i wnt to a solicitor ... he wont even talk about fees and is always telling me that will be dicussed when it comes to the time ... im kinda lacking in confidance in the guy

Find another solicitor who will be open with you.

If there is even a chance this could be settled out of court, you may not even need a barrister at all.

snowy2008

id say it will be settled once my brother gets a letter to prove im not bluffing, but i just wanted the solicitor to be clear with me, does it cost much to send a legal letter? but this also comes to a moral issue, i know or parents wouldnt want us fighting but im just angtry with the way ive been treated, if he was nice about it i wouldnt bother to contest it

dats_right

snowy2008 wrote: »

anyway im kinda lacking in confidance in the guy so could i just approach an independant barrister, give him all the facts and see what he thinks? can anyone recommend a barrister?

thanks!

Barristers can only accept instructions from a client through a solicitor, so you cannot approach a barrister yourself. If you have no confidence in the solicitor you can consider instructing a new one, but it is very premature for him to know how much this is likely to cost at this stage. Bearing in mind the value of the estate, the attitude and approach adopted by the executor i.e. the amount of extra necessary work because of same, whether legal proceedings are required to be drafted, issued and served. How far the litigation process advances, whether the proceedings are brought in the Circuit Court or High Court. All of these are unknowns at this stage and will have an enormous bearing on the costs incurred.

OP, with respect we aren't talking about a barking dog or loud music so it is extremely unlikely that a mere solicitor's letter of itself will resolve matters. Secondly, the poster who suggested that a barrister may not be necessary is forgetting that there are very strict time limits for bringing a section 177 application i.e. 6 months from Grant so holding off instructing a barrister is simply not an option.

dermot_sheehan

But regarding costs,

In an action to condemn a will or to seek the executor prove it in solemn form the costs nearly always come out of the estate. The reason is that the person challenging the will is performing a public function in ensuring the proper will is probated.

Challenges by children being left out of a will under s. 117 of the succession act are not considered a probate case and you do risk costs.

Ask the solicitor for what is called a section 68 letter (it's a section of the solicitors act) where is obliged to set out his fees.

dats_right

gabhain7 wrote: »

Ask the solicitor for what is called a section 68 letter (it's a section of the solicitors act) where is obliged to set out his fees.

Let's be clear, a solicitor is not obliged to set out his fees. However, what a solicitor is obliged to do is furnish their client with particulars of:

( a ) the actual charges, or

( b ) where the provision of particulars of the actual charges is not in the circumstances possible or practicable, an estimate (as near as may be) of the charges, or

( c ) where the provision of particulars of the actual charges or an estimate of such charges is not in the circumstances possible or practicable, the basis on which the charges are to be made,

Nonetheless, the reality of the situation is that, in all likelihood, owing to the uncertainties and variables that I mentioned in my previous post; in a case such as this, a section 68 letter will understandably be so equivocal or vague that it will still not give the client any idea whatsoever what the likely charges will be and will thus be of very limited assistance to the client.

Reloc8

OP you say you lack confidence in the solicitor - if you can't resolve that get yourself a new solicitor and quickly.