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Bizarre Will problem - all advice appreciated, especially legal
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misswin
Posts: 10 Forumite
My neighbour was the main beneficiary of her husband's will when he died 10 years ago - But she still hasn't received her inheritance!!! Her husband's brother is the executor, and my neighbour currently receives 250 a month from the estate. The reason for my worry is that she is struggling for money (and she shouldn't be because the estate was worth a lot of money). She suspects that the executor is delaying on purpose, in order for the estate to pass to my neighbours daughters, who were also provided for in the will and received their inheritance within weeks. They have no contact with their mother (their choice, not hers). She's tried to get legal advice but one of her daughters is a well known solicitor, and no one is getting back to her. What can she do? Is there anyone she can contact?
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I would suggest citizens advice bureau to start - but possibly also the probate office - 10 years is an awful long time to wait for an inheritance and if part of the estate has already been paid out I can't see that they've a leg to stand on delaying the payment by that length of time.
It maybe worth consulting a lawyer in another area because it appears the executor hasn't carried out his duties as he is obliged to do so maybe he maybe liable for compensation.0 -
There's the possibility that her share of the estate has passed into a trust and that what she is receiving is what she is due. Depends on the wording of the will and might not be obvious to a casual reader.
Her suspicion about the executors would then be correct - given that that's what their duty is. Maybe she misunderstood the will?
Definitely seek advice.0 -
and when she gets it, tell her to blow the lot. and anything thats left leave it to a cats home.make the most of it, we are only here for the weekend.
and we will never, ever return.0 -
Why can't she actually ring up his brother and ask him? Could be a simple answer, she'll never know if she doesn't ask....0
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Wasn't she sent a copy of the will? I know when my mother died & I was one of the beneficiaries, the solicitor forwarded me a copy of my mother's will.
I'm sure I've heard that wills that have been lodged for probate are available to view by members of the public, perhaps somebody else here could illuminate if this is correct & give more info on how to go about it?The bigger the bargain, the better I feel.
I should mention that there's only one of me, don't confuse me with others of the same name.0 -
It is true that once a will has gone to probate, it is a publicly available document (unless you're royalty).Signature removed for peace of mind0
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It is true that once a will has gone to probate, it is a publicly available document (unless you're royalty)."Do not regret growing older, it's a privilege denied to many"0
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Gosh, I didn't know that anyone could just ask and get a will sealed! do tell ...Signature removed for peace of mind0
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...but one of her daughters is a well known solicitor...
Does she not get on well with her daughters? If relations are OK with them, why can't she ask the solicitor daughter what she thinks about the situation.
When she asks for legal help, unless she has a very unusual surname, why does she have to inform them of her daughter's profession?
I'd start off with the CAB - at least they should be fair in their advice.0 -
I work for a solicitors office myself. She should contact the solicitor who drew up the Will and ask for a copy. The solicitor may have also been involved in obtaining Probate. She is entitiled to a copy of the Will. If she doesn't get anywhere with the solicitor then she should make a complaint to the Solicitors Regulation Authority who regulate solicitors in England & Wales. Good luck x0
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