Last Will & Testament - Warning

prettyfires

ClootiesMum wrote: »

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.

Correct, you cannot 'disinherit a child.
However, although the executor is supposed to pass the money on to the child, the only way to make him do so is to take him to court - which costs thousands.
The Police won't get involved even although it is 'theft'.
Whilst trying to go through the legal system to get it, even with an interim interdict on the estate, there is nothing to stop the executor from spending the money so when you do 'win' your case you can't get your 'legal right' because it has been spent/ transferred.
The law gives the false impression you are protected, but without a lot of money you cannot have the executor held accountable - so in effect the executor can 'do whatever he wants'.
So be very careful when choosing an executor ......

My mum had asked for me to be her executor, but the will writer put her husband as the executor. The will is written in such complicated language it's not clear and on first reading it looks like I am the executor.

ILW

prettyfires wrote: »

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 !!

What do you mean by registering a will?

prettyfires

ILW wrote: »

What do you mean by registering a will?

Sorry, apologies the terms are different in England and Scotland- I mean 'registering' as in obtaining Confirmation by submitting a Will to the HM Commissary ( which is called Probate in England).

The HM Commissary informs me the make no checks to ensure the Will the are giving Confirmation to is a last will. The Law Society of Scotland say a solicitor should act 'reasonably' - I think asking the daughter of the deceased would have been a 'reasonable' and prudent question for a solicitor to ask, particularly when they had already had been informed the other person had withheld important documents.
The problem is there is no 'effective' remedy for this , unless you happen to have a lot of money to take it to a civil court. That's not 'justice', nor is it ethical.
You think you have a 'right ' to your last will and to have your last wishes followed..... you don't....

prettyfires

pmduk wrote: »

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

I have complained to Santander - they refuse to speak with me or my lawyer.
Myself and my lawyer had advised Santander that an interim interdict had been put on my late mother's estate.
Santander were also sent a copy of the Confirmation document which clearly did not show all the assets and accounts my late mother held with Santander.
Santander were asked to report the discrepancies to the relevant authorities.
Santander did not report him and allowed my stepfather to remove all my mother's assets from their bank and put them in his own name.
My next step is The Financial Ombusdman.
So much for 'duty of care' - their first duty was to my late mother.

bod1467

Click that :spam: button people on cathy009's post.

(I wondered why this thread had resurfaced). But since it HAS ... any update you wish to advise on this prettyfires?

bod1467

This thread seems to be attracting the :spam: merchants. Click that button people on kkhushii09's post. (Who I suspect is the same as cathy009 but just trying again).

lincroft1710

bod1467 wrote: »

This thread seems to be attracting the :spam: merchants. Click that button people on kkhushii09's post. (Who I suspect is the same as cathy009 but just trying again).

Have clicked spam button.