Saturday, xmas eve

this is what we sent back...... and by post this morning..

Dear ******,

Checking my contemporaneous notes made immediately after you phone call on 9/11/05, what you said, several times, each time accompanied by the assurance that it “was not a threat” and that it “was nothing personal” was if you did not have the will in your hands by Friday you would be writing to all the creditors telling them that we were holding up probate unreasonably so that we would get sued personally.
Which is why we sent you the e-mail, the same night, stating what we thought your position on the subject was and asking you to correct us if we were wrong.
I’m not sure what else you could have meant by it, but I’m glad to finally hear from you that that is not what you meant.
Of course you could have cleared the matter up during the phone call, as I did repeat back to you what I took to be the meaning of your “not a threat” i.e. that you were going to write to the creditors telling them they should sue us. Which (me dear reader) heard me do.
Please send us copies of letters you have sent to any creditors and the dates you sent them.

As to not sharing your legal advice with us. Our position remains the same. (Will solicitor) is a well-respected firm in the area, they are giving us clear advice that if you are fighting the will in anyway we cannot go to probate without very serious consequences. I.e. we would have to ask the courts to remove you. If you wish us to ignore their advice in favour of your secret advisors then you will have to tell us who it is and exactly what the advice is.
The objection has not changed. The problem with using the same solicitor as (drunken father) was that it gave you the appearance of supporting his challenge to the Testamentary Guardians. It now appears that you & (Mrs *****) have both told the (family court) reporting officer that you believe the will to be unsafe and that you, *****, support (drunken fathers’) guardianship. We sent you a copy of the letter she sent and an e-mail explaining what our concerns were and that we would be contacting her to seek clarification. And after I had spoken to her and our concerns were increased we immediately contacted you to ask you to consider reserving power whilst you clarified your position, so as not to hold up probate.
You have chosen not to do that, so all we can say to you is that unless the legal advice we get changes we cannot go to probate until you make your position clear.
We are not being obstinate, the position has not changed, in fact if anything it appears to have worsened. After all employing (drunken fathers solicitor) could have been a coincidence, though they should have explained the implications to you and it doesn’t reflect very well on them if they didn’t.
As for you insistence that all correspondence is confidential, are you suggesting that we cannot seek legal advice?

If you are treating our replies as confidential, then please feel free to share them with your legal adviser, as we are not being difficult for the sake of it. We are doing what we believe to be legally correct and morally right. As far as we are concerned this does not have to be an adversarial situation. We are only refusing to act on your “higher” legal advice as you are refusing to tell us what it is and where it comes from.
We have been open with you about the legal advice we are being given, and as far as we are aware (Will solicitor) have been giving you the same advice as they have been giving us.

We did not respond to your announcement that you were writing to the Law Society to ask for a list of solicitors as it did not appear to be a question. We took it to be a statement of intent and we had no objection to your doing it. However we would appreciate a copy of the letter, as we are now wondering what it is you have asked them.

We are baffled as to what it is that you want the independent solicitor to do?

If it is to handle the probate application then does this mean that you are prepared to make an unequivocal statement to the effect that you & (mrs *****) believe the will to be a true statement of (Our friends) wishes made whilst she was of sound mind? And that you support the testamentary guardians? And that you have no intentions of fighting (our friends) wishes either now or in the future? And are you are prepared to copy (family court) in on this statement?

As if that is the case then why do we need a solicitor to handle the probate? Since it would clear up the appearance of your fighting the will, which is the only thing holding up probate.
And if it is not the case then surely the Solicitor will refuse to act for us unless you reserve power? As you appear to be fighting (Our friends) wishes.

Or are you suggesting that the independent solicitor should give us advice on whether or not we can go for probate in the present circumstances?

In which case we already have a solicitor we trust, you trust your legal advisor, would it not be simpler and cheaper just to let them share their legal expertise?

Regards

(the wife and I)


Just to steamline that it says

Your a Lier and we all know that to be true.
Your a legal idiot if you think that "secret" advice thing floats.
We ant you to state that you have lied and now change your mind, to us and the courts.
We dont trust you as far as we could throw the moon.


Im sure all this will draw even more fire down on us, but, lets hope he reads it today and he thinks about it all tommorow.... personaly im not looking at the emails for few days.

Always good to feel like your shooting back ah.