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Promised money from estate but not received

2

Comments

  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    I'm confused... is it a gift or something else? Promise or not it comes across as VERY greedy :confused: They got £2500... which it would appear was not stipulated in the will - I don't think a letter saying "I'll give you x amount" is legally binding unless there is a reason for them giving the money...
    DFW Nerd #025
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  • qetu1357
    qetu1357 Posts: 1,013 Forumite
    Part of the Furniture Combo Breaker
    MrsTine wrote: »
    I'm confused... is it a gift or something else? Promise or not it comes across as VERY greedy :confused: They got £2500... which it would appear was not stipulated in the will - I don't think a letter saying "I'll give you x amount" is legally binding unless there is a reason for them giving the money...

    There was no will.

    My relative was named as the next of kin when the man was in hospital. She organised his funeral. I even went.

    The beneficary didn't even turn up to the funeral and hadn't seen him for 40 years.

    I don't know how it can seem greedy?

    I promise you 12 1/2 percent

    Then I give you nothing.

    Then I give you around 1 percent.

    Would you be happy?
  • qetu1357
    qetu1357 Posts: 1,013 Forumite
    Part of the Furniture Combo Breaker
    RAS wrote: »
    Think you need to get a copy of the will to see whether there is anything in there.

    There was no will but she as a copy of a probate which shows the estate to worth around £250k,
  • puddy
    puddy Posts: 12,709 Forumite
    so if there was no will how can there be beneficaries, or was it done by agreement?
  • MrsTinks
    MrsTinks Posts: 15,238 Forumite
    Part of the Furniture 10,000 Posts Combo Breaker Name Dropper
    If there was no will then it's not a matter of being promised anything... there are rules for what amount should go to whom - it's nothing to do with being promised. The rules are set out very clearly by the HMRC. It may be that initially it was believed your relative was entitled to say 12.5% but other beneficiaries have turned up after the initial letters were sent. It may also be that the £2500 is only an initial payment - It's not uncommon for the estate to be paid gradually depending on the circumstances. Assuming straight away that someone has been hard done by or swindled etc is a tad harsh on the person handling the estate...
    DFW Nerd #025
    DFW no more! Officially debt free 2017 - now joining the MFW's! :)

    My DFW Diary - blah- mildly funny stuff about my journey
  • I don't understand. If there was no will the person died intestate....and the next of kin (your friend) would have received the estate. Where have the beneficaries come from? :confused:
  • qetu1357
    qetu1357 Posts: 1,013 Forumite
    Part of the Furniture Combo Breaker
    jenner wrote: »
    so if there was no will how can there be beneficaries, or was it done by agreement?

    There are rules which go like spouse, if no spouse children, if no children parents, if no parents then brothers and sisters and so on.

    Relative was cousin.

    Beneficary is brother so he becomes the winner (as it were).
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    So the £2.5k is a goodwill gesture ?
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • qetu1357
    qetu1357 Posts: 1,013 Forumite
    Part of the Furniture Combo Breaker
    I don't understand. If there was no will the person died intestate....and the next of kin (your friend) would have received the estate. Where have the beneficaries come from? :confused:

    Dead person didn't like brother but didn't leave will.

    Hence estate is distributed as per HRMC rules.

    When he was found, he instructured his solictor to write to my relative giving her 12 1/2% as a) she was felt to be 'next of kin' and she looked after him, organised funeral etc.

    The fact that he has gone back on this is the problem.

    The big lesson of course is that all of us should have wills to make sure your money goes to who you want.
  • qetu1357
    qetu1357 Posts: 1,013 Forumite
    Part of the Furniture Combo Breaker
    Errata wrote: »
    So the £2.5k is a goodwill gesture ?

    It could be, although all relative received was cheque and no covering letter.

    Or more likely, he has changed his mind and trying to fob her off.
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