Blackmail over a will... please help

zzzLazyDaisy

It is up to the executors to deal with the will. At the end of the day they are responsible for carrying out the deceased person's wishes as set out in the will.

If your cousin wishes to mount a legal challenge to the will, so be it. He should go and see a solicitor. If he does not wish to take legal action, he should take a step back and let the executors get on with carrying out their duties.

I doubt that any solicitor would advise him to go to court over a couple of thousand pounds (ie his share of the resale value of a secondhand car and a few trinkets).... the solicitors fees for the work necessary to commence proceedings would come to that much on its own.

valkirn

Thanks all, its just so petty but my dad is really stressing over it and im worried for him (he doesnt like anything to do with anything legal,) he likes an easy life dont we all and the way the will was set out it was easy, and if im honest the deceased cut everyone who hadnt contacted him in the last 4 years of his life out of his will and this should have included the cousin in question, so he's lucky he's getting anything at all

McKneff

As for spreading the ashes, its up to the next of kin as to when and where,
if they decide a time and a place, get them to tell everyone when and where,
then just go ahead with it.

This business does not need to delay the spreading of the ashes.
People who can make it do, if they cant then thats their probem.

valkirn

Thanks, we are going to set a date for the ashes and spread them as requested via the deceased,

Is there any way to ask one of the executors to resign as i feel he is favoring one beneficiary over the others and is making the whole procedure alot worse than it already is, as the will is very clear as to who should get what and it is just getting beyond a joke and is upsetting everyone involved

The uncle and the cousin are making it a them and us contest and both me and my brother just want it done and finished with and our dad just wants to see everyone (the cousin included) get what has been left to them.

ceridwen

Poor you - hope you get this sorted out soon.

I'd certainly be sitting there thinking "What part of a person has the right to give away their own possessions whenever they decide at any point in their lives (even if they expect to die soon) does this cousin not understand?" (said in the sarcastic tone of voice that accompanies variants on that phrase).

As you say - its not even as if the possessions concerned are worth that much after all. I thought you must be talking about works of art and houses to start with....but stuff worth only about £2k each anyway if split between you:rolleyes:. Some people are just plain greedy and your cousin doesnt even seem to accept the basic premise that a persons possessions are their own to use as they see fit until they "pop their clogs".:rolleyes:

I dont think your cousin gets the basic concept that charities are the only "entities" that can reasonably expect to be beneficiaries of Wills when they havent even seen the person concerned for literally years - why should someone get money just because they are related - if there isnt even any emotional "ties" with the person concerned? Your cousin is indeed lucky to be getting anything at all - though we can see that they wouldnt appreciate that fact...

Mojisola

I think the uncle needs to be asked if he understands the role of an executor and the legal obligations it puts on him. He has no choice but to comply with the arrangements laid down in the will. The estate consists of what was left when the person died. He has no power to change the arrangements or take account of what the deceased did with his money or possessions before he died.

Does he realise that if he does not comply with the will that he is legally and financially responsible and you could take him to court? I'm sure you wouldn't, but don't let him know that. Your father would be equally responsible so he has a very good reason for holding fast.

Like other have suggested, get the two of them to a solicitor to have their legal responsibilities explained. Keep supporting your Dad - what a horrible situation to be put in by other family members when you're grieving for someone.

valkirn

I personally don't think my uncle does understand the role and what is required of him.

all my uncle sees it what he considers as rightfully his sons and he is going to go to any length to make sure his son isn't "left out" as it were,

My dad has called a meeting and wants everyone there the 3 beneficiaries included and both me and my brother have contacted separate solicitors and are going to get letters to help make him see sense as it were.

Just what to to about the blackmail now... ho hum blooming give it all to charity i say and have done with it now ive had enough!!

annakat99

Hi, from what i have read, your cousins 'blackmail' (not contesting the will if he receives the items that he wishes) is unfounded.

Contesting the will will cost him mega bucks, with slim chances of him winning, ask him if these items are worth that much to him? If he is set on this course of action, maybe play along and suggest that he seeks legal advice. He'll hopefully soon see the amount of mess that he's potentially getting himself into.

Good luck, i hope it works out in the fairest way possible.
Anna

valkirn

thanks x we've told him to seek legal advice and he is going to the solicitors soon.

The items he is asking for in question are part of a collection that was collected with us all in mind and to be split 3 ways also, he wants the whole of the collection. we have our suspicions as to why he wants the whole of the collection as over half of the collection has gone missing from the deceased's house over the years. in return for the whole of the collection he wont ask for items that were given away prior to the deceased dying (what he fails to understand is the items that were given away before the deceased died has nothing to do with the estate now and no matter how it is explained to him its not sinking in apparently we are all conspiring against him)

dizzybuff

As if it isnt bad enough coping with the loss of a loved one ...

Sounds the same as when my grandad died , they all came out of the woodwork thinking he had something . I was just happy for the love he gave me and sad he never met my son - I was oregnant when he died and didnt know.

Sorry but my opinion is what an ungratful little sod your cousin is , he should count himself lucky it wasnt all left to tiddles the third . If I was his dad Id have slapped him into shape. Ungratfull little twerp , how dare he put you through even more pain..

As regards the black mail , if its letters keep them , they could give you a bit of ammo againsty him.. he will end up digging his own grave so to speak..

Hope it all works out enjoy the final farewell and have a good old drinky to celebrate the life of the deceased afterwards,

My grandad just to inform you put 2 grand behind the bar .. bless him.. i miss him