Bizarre Will problem - all advice appreciated, especially legal

Biggles

abigailflo wrote: »

She is entitiled to a copy of the Will.

No, beneficiaries are not 'entitled' to a copy of the will. Often it will be sent as a matter of courtesy and, after probate had been granted (after 10 years, I hope it has happened it this case!), the will is a public document. A copy can then be requested from the executor(s) or it can be obtained, for a small fee, from the appropriate probate office.

In this particular case, as I posted earlier, it is hard to see why the friend could not ask her brother-in-law for a copy or, indeed, ask what the circumstances were under which £250 was being paid to her each month. It would be most unusual if a bequest were paid without the beneficiary having been told anything at all about it, maybe your neighbour hasn't told you the whole story?

dzug1

I thought that residuary beneficiaries (which this lady would be if her account of the situation is taken at face value) were entitled to a copy of the will.

I'm pretty convinced though that 'her' money is in a lifetime trust, in which she is only entitled to the income, and that she has either forgotten or misunderstood the situation - or a combination of the two.

I doubt if funny tricks are going on and the solicitor sister is party to them - too risky, bang goes career if she's found out

Possibly the brother up to something - but what's the advantage to him in it? If it IS the mother's money then it won't go to him/the sisters automatically, it will go into her estate to be distributed in accordance with her own will, and he's had the bother of running a trust for years for no benefit.

Newly_retired

I agree it sounds as if the neighbour is benefiicary to income from a trust, for whatever reason.

maryotuam

This woman sounds confused and needs advice from an independent solicitor. If you suggest she writes to the benefactor requesting a copy of the will and details of her bequest. The reply would be illuninating or no reply even more so. This would provide her with a starting point when she has found her own solicitor.
Do you think she is being straight with you or do you think she is vulnerable and confused?

misswin

Thanks for your answers - She does have a copy of the will, and as far as she can see it doesn't say anything about a trust. Relations are not good with either of her daughters or her former brother in law - the daughters have actually told her that it was all their dad's money and they should get it all!! I think she is very vulnerable, and possibly confused as she is very elderly, but she seems convinced that she is being cheated, and there's never been any indication that she's losing her faculties - quite the opposite as she's a very intelligent and on the ball lady. I'll recommend she follows your advice, I may have a look at the will myself to check the wording of it. As you say - it would be very risky for a solicitor to b involved with such dodgy dealings!

misswin

chesky369 wrote: »

...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.

She does indeed have a very unusual surname.

misswin

dzug1 wrote: »

I thought that residuary beneficiaries (which this lady would be if her account of the situation is taken at face value) were entitled to a copy of the will.

I'm pretty convinced though that 'her' money is in a lifetime trust, in which she is only entitled to the income, and that she has either forgotten or misunderstood the situation - or a combination of the two.

I doubt if funny tricks are going on and the solicitor sister is party to them - too risky, bang goes career if she's found out

Possibly the brother up to something - but what's the advantage to him in it? If it IS the mother's money then it won't go to him/the sisters automatically, it will go into her estate to be distributed in accordance with her own will, and he's had the bother of running a trust for years for no benefit.

That is something she will be happy to hear - someone mentioned earlier that she should leave the money to a cat's home, she has actually made a will writing her daughters out of it, and explained why she's written them out - and does want to leave her money to an animal sanctuary. It will reassure her that at least if she doesn't see the money this side of life it will go where she wants it to!