Blackmail over a will... please help

valkirn

I am one of 3 beneficiaries of a will of which there are 2 executors, my dad is one of the executors my uncle the other.

We have been left a sizable amount to be split 3 ways, but the reason my cousin is contesting the will is over things that were given away before the deceased died.

He has asked for everything to be to be given back and sold then split the 3 ways.. as as far as he is concerned the items belong to the estate regardless

Can he do this???

It has got to the point that the cousin is using blackmail ie if he gets certain items he feels he is intitled to then he will not contest the will and he is going through our uncle (his dad) as executor in order to try and get his own way.

zzzLazyDaisy

The 'estate' is the personal belongings, property, money etc belonging to the deceased at the time of their death. If they have made gifts in their lifetime, those items do not form part of the estate.

In other words, unless there are other facts that you don't know about - such as the deceased having given these items away under duress - your cousin is not entitled to ask for them to be given back.

In any case, the legal fees for contesting the will would be very high, so the items given away would have to be very valuable, to make such an action worth while.

valkirn

The only valuble item was a car the rest was just trinkets that really wouldnt be worth much if they were sold, but the deceased was of sound mind and judgment when he signed it over.

SandC

Who are the 3 beneficiaries, you, dad and uncle - where does the cousin come into this?

He could contest the will but it would cost him a fortune and he would be unlikely to succeed.

Tell him to get some legal advice on it and then watch as he swiftly backtracks.

Incidentally, I would have thought he would firstly have to contest that he should be a beneficiary also if he isn't already.

valkirn

Sorry the beneficiaries are me my brother and my cousin, the executors are my dad and my uncle.

SandC

Ah I see.

My advice still stands though - don't give in to the blackmail. He sounds like a greedy, ungrateful sod.

Keep us posted as to what happens.

valkirn

I will, thank you

If he does contest will he have to pay his own legal fees or will they come off the estate if he wins,

RAS

Hi

He will not win.

if your uncle does not feel he can operate as an executor in the interests of all the beneficiaries, he should consider whether he should resign rather than acting as his child's messenger.

Suggest that both executors go together to a solicitor and gets legal advice (a £50 slot) and hope that someone see sense.

valkirn

Hi, Thanks for that i'll pass it along.

McKneff

'he's nuts'

Cant understand him, he must be stupid not to take in the fact that these things were given away.

Also he has probably alienated most of his family by now so just let him do what he wants to do and he will be paying in cash (his own) for his own stupidity.

Good luck and let us know how you get on.

valkirn

Thanks, i will

I'm just worried he is going to drag this out longer than necessary and claim everything back out of the estate, i don't much care about the money (I'm not ungrateful and admit its going to come in handy when doesnt it)

The other reason this is upsetting is as well as alienating the family as you have said, he is being difficult about the spreading of the deceased ashes (no date is ever good enough for him to attend) and this is more upsetting than the will