Last Will & Testament - Warning

prettyfires

A waning to all - if you think your last Will is the Will that the law follow - eh, no.
Whoever gets the Will they have in their possession to Probate or Confirmation first is the 'winner'.
In Scotland, HM Commissary gives Confirmation ( Probate ) on a will. They told me they do no checks to ensure the last will is the last will.
I have my mum's last will, but after her death I was in hospital and my stepfather had an earlier Will of hers Confirmed ( Probate). I told his lawyer there were other documents but she told my stepfather to get Confirmation quickly. By the time I was out of hospital he had been granted Confirmation ( Probate) and to have it overturned I have to go through a civil court procedure - so far a total of £30,000 and we are not in court yet. Because of the time taken I took out an interim interdict on my mum's estate ( froze it) , but he has breached this and still taken money out of her estate and given it to himself. I have been to the Police and although he has broken the law , the only way I can stop this is to go to another court case - at yet more cost !!!
There is nothing to stop my stepfather from spending it all in the meantime, even with an court interdict - and if I win and he has spent it all, there is no way to get it back.
Unfortunately, the legal advisor I went to happened to be the legal advisor of the will writer who wrote the will that my stepfather had confirmed - something she never disclosed - and also the legal representation of a will writer's society ( supposedly ethical and professional!!)
It was not my interests she was putting first !
My mother worked hard all her life and her children and grandchildren were the most important people in her life - she saved hard for them and has been denied her right to leave her legally owned property to whom she wants.
My advice is spend it while you can, give when you are alive and be very careful of what you think the law protects you from - you may be in for a nasty surprise !
I would like to see a type of account set up by banks in which the bank account holder could nominate one person to get access to the account on their death and no one else ( I suppose a type of trust arrangement), it's the only way I can see of handing monies on with out will writers and solicitors or abusive husbands having to be involved....
I can but dream !!

Blackbeard_of_Perranporth

Harsh I will say, wills are not worth the paper they are printed on. I know in my own father's a few years back. Coming here will let you blow off, but I am afraid, you need to seek further advise.

Problem is, if they are legally married, I doubt there is little you can do.

prettyfires

Thank you Blackbeard,

I agree - WILLS are not worth it.
It would have been better if my mum had left no will at all ( instead of two) - then it would have gone to her second husband and 'hope' wouldn't have been there and 'ignorance would have been bliss'....
It has given me an idea of a type of bank/savings account which would help keep will writers and solicitors away and give a 'consumer' more of a chance to leave their money to who they actually want it to go to .
I have emailed Virgin money in the hope I can run my idea past someone - Richard Branson seems to be a 'forward thinking' and consumer orientated type of guy - will let you know how it goes !
Too late for my mum and me but not to late for me and my daughter I hope.
And yes they were legally married. She died whilst on a 999 call- the operator told my stepfather to stay with her and give her CPR and according to the transcript , he left the room and didn't give CPR or even attempt to follow the instructions he was being given and no hint of panic from him, he walked out the room and left her on her own.......... He then cleared out as many bank accounts as he could before her funeral ........It would have been more, but at least Santander said no , he needed to provide more information ...
And the Police won't investigate ..... go figure !! ??

Gers

Have a read of http://www.scotland.gov.uk/Publications/2005/12/05115128/51285 - it explains about Scottish inheritance laws and from it I am supposing that all children have legal rights to some part of the estate.


Not sure if it helps but have a read and see. Legal advice, armed with this, will probably be better.

SevenOfNine

Would seem appropriate when getting a new Will written for all earlier Wills to be disposed of, so only the current one exists. Would have saved all this aggravation.

Not sure how he's managed to breach the 'frozen' thingy, perhaps it might be wise to inform as many organisations holding Mum's money/property that this exists and NOT to allow release of any more.

pmduk

You might want to complain to whichever financial institution has allowed him to access the frozen assets.

bod1467

Gers wrote: »

Have a read of http://www.scotland.gov.uk/Publications/2005/12/05115128/51285 - it explains about Scottish inheritance laws and from it I am supposing that all children have legal rights to some part of the estate.

Very good advice. My understanding concurs with this - this used to be a common theme in the Raw Deal page of the Sunday Post (when I used to get it). And such legal rights override any statement of intent in a will.

pmduk wrote: »

You might want to complain to whichever financial institution has allowed him to access the frozen assets.

More good advice.

ClootiesMum

In Scotland you cannot disinherit any child. I'm sure this applies to the moveable part of the estate which I think includes bank accts - so if the accts were not joint accts , no matter what will is being adhered to then you would be liable to receive some inheritance.
I don't know if this of any use to you but hopefully it might allow you to regain part of your inheritance.

prettyfires

SevenOfNine wrote: »

Would seem appropriate when getting a new Will written for all earlier Wills to be disposed of, so only the current one exists. Would have saved all this aggravation.

Not sure how he's managed to breach the 'frozen' thingy, perhaps it might be wise to inform as many organisations holding Mum's money/property that this exists and NOT to allow release of any more.

Thank you.
It' easy to breach the frozen thingy - just ignore it - unless the person who has put the interdict in place has the money to take him to court for breaching it nothing will happen - it's not worth the time, the effort or the money to get it - all it does it give you a false sense of security ...... it doesn't work - and people should know this so they don't fall into the same trap.
My stepfather held a copy of the other will and the will writer - my mum was unable to 'dispose' of it without her husband finding out because they wrote their wills at the same time and will writers have no 'code of conduct' or legal duty to ensure they only deal with one client at a time. She was abused by him emotionally for years ( medical record evidence supports this).
I contacted all the banks , myself and through my lawyer . I advised them he had lied on the Probate document ( Confirmation) and sent them a copy of it through my lawyer and informed them of the interdict. Despite this they still allowed him to take the money out (Santander). When I complained I was told to take it to the FSA.
So far I am having to complain about every aspect of this - I am swamped with paperwork and I can't cope....
I have a complaint about the will writer - the cancelling of the joint tenancy was not done correctly and was written incorrectly. The will writer failed to write the will correctly. I complained to The Society of Will Writers, but they have supported the will writer ( their Scottish legal advisor is also the lawyer of the Will writer. This represents a 'Conflict of Interest' which requires a complaint to the Scottish Law Complaints Commission- who have a time limit.
The will writer failed to register the document to release the joint tenancy - I contacted the Land Register and showed them a copy, but they had already passed my mum's ahre of the house to my stepfather. Although a contract signed by them both and witnessed exists, according to the Land Register because it wasn't registered before my mum died the survivorship destination takes effect and they will not recognise this witnessed contract after death - they ignore it's existence because of an old feudal law. Yet according to Hugh Henry, Deputy Justice Minister for Scotland in 2004, all feudal property laws were abolished ( 29 November). Not true, this one still exists !!! And trumps all others.
I complained to Parliament and Alex Salmond - I've been fobbed off. They try to tell me it's not a feudal law, yet judges including Lord Cooper stated publicaly that they are feudal property laws.

The lawyer I went to was also representing the will writer another 'Conflict of Interest' which the SLCC have not dealt with.
My lawyer didn't advise me correctly - another complaint.
The HM Commissary Office in Scotland have no legal obligation to check that the Will they are confirming is the last will.And if you didn't get there first, then the only way to have a last will recognised is to spend tens of thousands to fight in in a civil case in court. So therefore, first to register is the 'winner'.
The Bank of Scotland and Santander were made aware of my stepfather incorrect information on Probate and both then gave the same excuse ' we have lost your communications'.
I complained to them about this and this time the complaints department 'lost ' the documents.
They were sent again and I was told to complain to the FSA.
Santander were informed there was an interim interdict , by my lawyer, yet still released funds into my stepfather's accounts.
When I complained - guess what I need to go to the FSA- yet another form and another complaint.
My stepfather didn't tell the truth in court twice and breached the interdict, yet to have him held accountable I need to spend about another £30,000 to have a day in court. I have contacted the Police and they won't deal with it because although these are offences they are with in a 'civil' case and don't have the 'manpower' to deal with all civil complaints. Should I make another complaint ?
You make have the law on your side, but without a lot of money it means nothing.
Banks, lawyers, will writers, will writer professional 'ethical' societies ..... in my opinion, not one 'ethical' or professional or even trying to help me sort this - they are all too busy CTA- not interested in people and the dreadful effect their errors have on families.
As for 'legal rights' - you 'have' them but my stepfather can withhold the money from me and unless I have the money to take him to court to get it, legal rights mean nothing ! In the meantime he can spend it , transfer it , declare himself bankrupt .... and then it's not there to get..........
Are you keeping up with how many complaints and 'avenues' I have to take to get 'justice' ?!!
My mum deserved to have her last wishes honoured, it is her European Human Right - but to get to the Court of Human Rights for this, guess what ...you need bucket loads of money and you need to have exhausted the process in the UK first. All the time my stepfather can spend my mum's money , the Police won't help... and if I get that far and I win, there might be no money left....
Hope you can follow - it's complicated I know and so, so wrong...

ILW

So, what was the problem with the will or the people that wrote it?

prettyfires

So, what was the problem with the will or the people that wrote it?
Thank you for replying
The will didn't match the notes my mum wrote or the notes the will writer made for the will - it does something different and allows my stepfather to to do something different to my mum's wishes. The will writer failed to register a contract before my mum's death, and it can't be registered after death.
The will writer's legal advisor represented me - a conflict of interest which she didn't declare. She didn't advise me to get the later will registered before this will. If I do get the later will registered then the will writer will have to be sued for not registering the contract before my mum's death - so there was an incentive for the lawyer not to allow me to register my mum's last will.
Hope that explains a little more of the problems encountered !!