Written out of my father's will - so sad!

daska

There is no reason why executors can't be present during the writing or signing of the will but I can see no reason why they would sign it? Who witnessed it, the solicitor and his secretary? Are all the signatures in the same area? If you can get to a Probate registry or sub-registry (there is one in Nottingham) they will be able to help verify the validity of the will.

Natty68

Far I just wanted to wish you good luck with your case. I too had the same thing happen, although circumstances different. My mother died rather unexpectadly 3 years ago and when I found the will I found out that all the inheritance was going to two cousins of mine that she hadn't seen for the 6 years since the will was made. I was not even named or anything. Basically it was up to me to prove that I was next of kin to mum before I could even organise the funeral or anything. But even then I wasn't supposed to do that as mum hadn't specified who was to do this, only that she was to be cremated. I talked it over with a solicitor and the funeral director and went ahead anyway.

I also got a solicitor involved and we went for a 3 way split but we heard absolutely nothing from the cousins or mums solicitor the whole time. After spending a fortune I decided to cut my losses. In the end I paid for mums crematorium plot and having her interred there out of my husbands money. I basically got cut out the will and had no recognition as being her daughter for 40 years. Nobody from the family has ever been in touch since the day she died and I never got any of my grandparents stuff that mum had in the house, which hurt more than anything, as everything went to a house clearance.

So I really do hope that you can resolve this to your benefit, keep fighting if you can hon.

far2812

Oh Natty that is terrible - I am so sorry for you - I just don't know what to say but thank you for your kind thoughts.

Daska, my sisters signatures are on the front page of the will with the solicitor's signature underneath (he and his secretary also signed the last page of the will).

Any ideas?

far2812

HI All - here's the latest update.

They have come back with an offer of 3/4 of the share!!! I mean they are just dragging it out now don't you think?

The latest date that my solicitor can file with the courts is 19th February so if they don't come back with a better offer before then - it will go to court.

I am just hoping that they will give in a settle now...........

Any thoughts??
x

DVardysShadow

far2812 wrote: »

HI All - here's the latest update.

They have come back with an offer of 3/4 of the share!!! I mean they are just dragging it out now don't you think?

The latest date that my solicitor can file with the courts is 19th February so if they don't come back with a better offer before then - it will go to court.

I am just hoping that they will give in a settle now...........

Any thoughts??
x

OK 75% is such a good offer that either

• their hearts are full of goodness
• they don't want this to go near a court

but if their hearts were full of goodness, you would have got either

• up to 33% if they were mean and honest
• 100% if they were generous and honest

75% as an offer looks seriously wrong to me. That is just instinct on my part, it is nothing you could take to court, it proves nothing. Indeed, it is quite nasty, because if you do take it to court and get not a penny over 75%, then you become liable for all costs

Ivrytwr3

So total estate is 400k, should have been split 4 ways. So they are offering you 75% ie 75k?

Your siblings know they are in the wrong, otherwise they would have offered 0. I would speak to them and ask for an equal share.

If this didn't happen, i would make them sweat for a few days, ACCEPT the 75k and have nothing to with them again.

---

On a side note, i think what you all did is pretty bad. It stinks of deivious behaviour from all round.

Father lives with siblings - he is badgered to change will.
Father lives with you - he is badgered to change will.

Anybody ever think of the father as a father and not a cash cow?

bunty109

I'd take the money and run. Can't believe you'd hold out for all of it.....

kunekune

Your solicitors should look at the negligence case of Gartside. It's a case from NZ involving delay in getting a will witnessed, and could possibly be relevant in your situation.

pinkshoes

Ivrytwr3 wrote: »

On a side note, i think what you all did is pretty bad. It stinks of deivious behaviour from all round.

Father lives with siblings - he is badgered to change will.
Father lives with you - he is badgered to change will.

Anybody ever think of the father as a father and not a cash cow?

Not really!

Father lives with 3 siblings - he is badgered to write other sibling out of will

Father is dumped with other sibling (as they obviously can't be bothered to look after him) - father has no recollection of agreeing to change the will, and WANTS to change is so that all siblings have an EQUAL share.

I only see 3 of the 4 siblings treating the father as a cash cow, and the 4th doing what they can to honour a man's dying wish.

OP, I would go for the full share of the will, then donate 25% of it to charity to prove a point!

far2812

Thanks Pinkshoes for sticking up for me - obviously ivrty (or whoever!) hasn't read the whole thread and just jumped in to vent his/her anger somewhere!

I was thinking the exact same thing about charity!!!

When mum died we set up a fund for macmillan nurses so I will give to that - my "siblings" have access to view that donation fund also so more than likely will go there!

I will just be glad when all of this is over but my extended family are encouraging me to hold out for what they say is rightly mine as it is what MUM and DAD truly wanted.

Thanks for your support
x