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

RAS

far2812 wrote: »

Thanks Errata - oh ok I know what you mean now - so I suppose it would be advisable not to sign that then (bearing in mind my Uncle thinks Dad's estate was worth a lot more!)

Precisely. Until the final probate is granted, do not sign this. I assume that you will be sent a copy of the accounts? and that your solicitor has advised against signing?

bunty109

far2812 wrote: »

Hi All - well here's the update!!

I can't believe it but today my siblings have given way and offered me my full 1/4 share of Dad's estate!

I am obviously delighted but it has knocked me for 6 really - I was really ready to have to go through Court - it seems to put an end to it all.

Naturally I feel a lot of emotions but I have to say that I am SO SO SO grateful to the "friends" on here who have advised me and encouraged me to go on fighting.

It does show that justice does win and I can now concentrate on doing what my parents would have wanted me to do with their money.

One last question however, the letter states that "it is in full and final settlement of all and any claims that your client has against her father's estate or any beneficiary thereof or any matter arising from the will and estate"

My Uncle has advised me not to sign based on this statement as, his words, "what are they trying to hide now!

I do see his point but just wondered what the legal opinion is??? I do ask my solicitor but he gets too legal for me!

Thanks again xx

Well done!

Just wanted to say that the way I had read your post about the earlier offer was that you were offered 75&% of the whole pot, rather than 75% of 1/4 share (and I have read the whole thread!) ....might be why it's the case some people were a bit harder than they should have been. I apologise I was one of those.

The terminology is legal and pretty standard but does mean you won't be able to go back and contest anything.

daska

That sounds brilliant. Maybe use a bit of the 'extra' for something that will specifically remind you of your dad, e.g. I got a NT life membership with my grandma's money.

Your siblings solicitor should provide you with a detailed account of the estate - it's not unknown for people to 'make mistakes' when totting up the final amounts, nor to 'forget' to include things. Don't sign anything until they've provided this and you've checked it. You've got a lot of your dad's paperwork so take a moment to go through it carefully and also just think through anything else that he's likely to have had so that when the account arrives you can check it logically and calmly - it's much easier to do it this way than to look at a list and try to see what isn't there. Also, your solicitor should advise on the wording such as making sure the agreement refers to 25% of the estate rather than to a set figure. Does your uncle have any firm ideas as to what your father's estate should have consisted of?

I'm glad you're not taking ivrytwr too seriously. It's a forum, of course the story is one-sided, but if there's something odd going on then usually people give themselves away after a few posts! Enjoy using your inheritance - you know your dad would have wanted you to.

far2812

Again, many thanks to those who have followed this thread and advised me - you know who you are! ;0)

My solicitor has written back to them stating that he wants to see a copy of the accounts before we do anything futher.

My Uncle mentioned that he had a good chat with Dad in December 2008 and Dad mentioned the sum of £800,000 that he had in savings, investments etc.

I will definitely ensure that my solicitor agrees to 25% of the Estate rather than the set figure.

They have however indicated that they are prepared to do a Deed of Amendment to the will!

RAS - solicitor doesn't really comment - just does his thing (and fair duce to him so far - he's just not the best communicator so I think he assumes I know what all this means!)

Errata - your advice has always been right and I will do!

Bunty - don't worry - maybe I worded it wrongly!

Tandraig - thanks as ever for your support.

x

tandraig

far - I read your post about what your uncle said - and got horrible chills down my spine. before you sign anything ask for a full accounting of your dads assets. and ask uncle why he thinks your dad had other assets and where they may be kept.
errata is right in that if you sign that now - any assets which come to light may not come your way! depends how its worded.

hate to say this - but do you think your dad may have owned property and the deeds of which are now in 'other' hands?
savings accounts etc which were in your dads name but they have the passbook?
but, your uncle either knows something - or is a very distrustful guy. but i wouldnt sign anything until you know ALL assets have been disclosed.

far2812

Tandraig - I know it really makes me wonder why they have put that wording in.

My uncle is the senior accountant for the jesuits in Ireland (and 1000% trustworthy!)

He just seemed concerned that Dad had mentioned a higher figure to him than "they" are claiming the estate is worth.

It could be nothing but I completely see Errata's point that once signed - gone forever!

Savvy_Sue

far2812 wrote: »

My uncle is the senior accountant for the jesuits in Ireland (and 1000% trustworthy!)

He just seemed concerned that Dad had mentioned a higher figure to him than "they" are claiming the estate is worth.

It could be nothing but I completely see Errata's point that once signed - gone forever!

I guess you have to ask yourself whether your dad was 'in his right mind' at that point, and if so whether he might have drunk it away subsequently.

Sorry to put that bluntly, but ...

choille

Hi Far - the executor would of possibly have had to do an inventory of your Father's assets - I think that is what normally happens. maybe if one of your siblings was the executor some assets may have been 'missed'?

Would you be able to see the full inventory & accounts?
Maybe you would not wish to stick over a few bits & bobs here & there, but you should see the full accounts before you'd be able to decide if to sign or not.
It shouldn't take too long for you to be put more in the picture.

tandraig

ask your uncle when this conversation took place hun. If it was BEFORE your dad went to live with your siblings - the money may have went then - and if so there is nothing you can do about it, i dont think. but if uncle thinks dad had other assets which havent been disclosed - its worth investigating further.
but, you do need some evidence other than a relative saying they thought he had more than that, especially considering as you say he was alcoholic. just take your time, remember the solicitor on their side is acting for them, but is not going to risk his livelihood to cover up for them, and your solicitor is supposed to act for you. if you dont understand what he tells you - tell him so! and ask him to explain without the gobbledegook!

Mojisola

Their solicitor will only know what the siblings are telling him/her. He/she might believe that all is in order.

After seeing how they have behaved up to now, I would be wary of signing away your rights. You're surprised at how they appear to have given way. Maybe they didn't want it to go to court because of what else might come to light.