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

Errata

I think 1/8 implies that they have 7/8 of over inflated sense of self importance. More power to you.

Mrs_Moc

Just read your thread, and wanted to wish you all the best of luck. I really hope you win this simply because your siblings dont even deserve to be your siblings, I cant believe how rotten they are being.

far2812

Thanks Mrs Moc - as well as dealing with my dad's death - I am dealing with the loss of my family!!! I cant believe we used to be so close - in my wildest dreams I never thought our family would end up like this! x

jamesb1239

Dont really have anything helpful to add, but just want to wish you luck, it must be awful to go through this

pinkpinkuk

Following this thread with interest. I hope you get some kind of satisfactory conclusion. Aside from the obvious incapacity issue it seems like you might have a claim against the solicitor who drafted the third will. 3 week delay and then sending it out to the wrong address sounds negligent to me, although I have no particular specialism in that area. I'm sure your solicitor will have considered that issue, though.

tandraig wrote: »

dont know what paper solicitors use but it aint half expensive!!!

:rotfl: The paper is dirt cheap, its the clock that costs money. I'm a lowly paralegal and a standard letter from me costs the client (specifically, the client's insurer) £28 or so.

tandraig

thanks for the update far - I think you were right to refuse 1/8th of the estate especially as they wanted to impose conditions! who do they think they are??? go for your 1/4 but remember the longer the fight the more the solicitor will charge.
right now - you must do what you feel your dad (in his pre-dementia state) would have wanted, stick to that and I dont think you will go wrong.
hun, you wouldnt believe the things i have seen when it comes to peoples estates. I have seen siblings fighting over peices of tat you wouldnt even take to a boot sale - never mind buy! its one of the worst times when families fall out!

far2812

I soent a lot of time with my Aunt and Uncle yesterday and I can honestly say that they are so saddened by my siblings.

One point that my Uncle commented on was that when Dad came to live with me - he asked me to go and collect his car and all his paperwork from my brother which I did.

I collected 18 very organised files of paperwork (Dad was brilliant with finances etc and always had everything organised). BUT NOWHERE in all that paperwork was either a copy of Dad's 2nd will OR any paperwork regarding the Power of Attorney - it just seems very strange to me that there was no trace of the 2nd will (being cynical now - I presume siblings removed it from Dad's paperwork before passing it to me)!

Personally I really don't want to have Dad's medical/alcohol history dragged through the mud at court if it goes to that but I will (with the support of my Aunt and Uncles) ensure that Dad's TRUE wishes are honoured.

To be honest, I really went through a stage of wondering whether I had the right to fight Dad's will but my gut keeps telling me that I KNOW dad (or mum) certainly would not have wanted this situation after their passing.

Love to all for the New Year! (and thanks for keeping the interest in the matter up!) It really helps me x

tandraig

Its hard far - when you have to air the families dirty laundry! but, I truly feel your dad would support you in this. You must do what you have to to be fair to your dads wishes. tbh it would have been better if there was no will at all, you would have equal shares! its a shame its going to take time and a legal fight. and the solicitors will benefit in the long run!
If I were you I would point that out to the siblings! they WILL end up with less with court costs and solicitors fees than if they just gave you your quarter!. that should appeal to their greed.

Bobby2

far2812 wrote: »

Well here's the update - my solicitor has received a letter from my sibling's solicitors saying that we have to put an offer of settlement in writing and he will take instructions.

Basically, we got the file from the solicitor who was doing the 3rd will (which was never completed) - her last letter (2 weeks before my father died), was sent to the wrong address. Therefore if she HAD sent it to the right address, the theory is that the new will would have been signed and sorted.

The 2nd will (the one that Dad didn't remember) - apparently the solicitor did not open a file on it as he "knew the family for years"!!!

I think there is enough evidence to show that 1) Dad was unaware had no recollection of will 2 - there is no file to back it up and 2) the solicitor for will 3 made some mistakes but Dad's intentions were very clear!

One of the saddest parts of losing your parents is the realisation that your siblings are not the people that you thought they were. The nastiness that can be exhibited is unbelieveable. The greed is horrendous - I am so glad that I only have one child and everything will be left to her. It is so important to write a will and keep it up to date so that everyone is clear as to what you wish to leave and to whom. I do hope that your situation gets sorted and that the death of your father does not cause rifts that cannot be resolved. Money is not everything, family is. I like the thought of going ski-ing (Spending the Kids Inheritence) - you have earned it - you should spend it. Good luck, I hope you can resolve this and keep your family ties in tact.

far2812

Tandraig - do you know if Dad should have been sent a copy of the new will he made? I cant believe there was no paperwork.

My honest opinion is that it was all done over the telephone as the solicitor stated that he knew the family for over 20 years - I believe he took a telephone call and sent the revised will.

The weird thing is that my siblings also signed the will! This is why I believe it was done without the solicitor seeing my father. Why would they sign this otherwise?