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Question about inheritance

Funky_Bold_Ribena
Posts: 2,256 Forumite
Please bear in mind I know nothing about how this works...and this is for a chum not for me.
Anyway - a dear and lovely friend told me today that when her grandmother died, she was abroad
At the time - her uncle who was dealing with the will and who was the executor - gave the money to her father who has not passed it on and has said basically 'see you in court'. She did not give permission for this to happen.
This was about 10 years ago.
She wasn't a minor at the time.
So, I am going to help her and will be assisting her in getting a 30 minute session with a solicitor however, am I right in thinking that it's actually the executor at fault here, as she had never given permission for her father to have the money in the first place?
Luckily, she hasn't inherited this trait and is the loveliest and most sweetest person I've ever met. Hence wanting to help.
Anyway - a dear and lovely friend told me today that when her grandmother died, she was abroad
At the time - her uncle who was dealing with the will and who was the executor - gave the money to her father who has not passed it on and has said basically 'see you in court'. She did not give permission for this to happen.
This was about 10 years ago.
She wasn't a minor at the time.
So, I am going to help her and will be assisting her in getting a 30 minute session with a solicitor however, am I right in thinking that it's actually the executor at fault here, as she had never given permission for her father to have the money in the first place?
Luckily, she hasn't inherited this trait and is the loveliest and most sweetest person I've ever met. Hence wanting to help.
Sanctimonious Veggie. GYO-er. Seed Saver. Get in.
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Comments
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The first hurdle will be that most court cases have to be commenced within 6 years.
When did she become aware that the money had been passed to the father?If you've have not made a mistake, you've made nothing0 -
I am not sure...when you say they have to be commenced; commenced from when?Sanctimonious Veggie. GYO-er. Seed Saver. Get in.0
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Firstly you need to see the Will, to make sure that the Executor did make a mistake.
If it is clearly stipulated she was to receive the money, then the Executor has been remiss. There might be a stipulation that the moeny is to be held in trust for her until a certain age.
Your friend will need legal advice, but weigh up, the possible inhetitance against what it is going to cost in legal fees to get her inheritance. It might be something that the money and then some might be spent fighting this.
An aside.....Where there is a Will, there will always be relatives..something my Father says. He is in his late 90's.0 -
Funky_Bold_Ribena wrote: »I am not sure...when you say they have to be commenced; commenced from when?
Normally from the time of the incident ( say when the executor paid the money to father).If you've have not made a mistake, you've made nothing0 -
Yes, there was no trust fund and the will stipulated that she was to receive it. The amount is relatively large; and her parents own farmland that is worth millions. They have basically done this because it's a control thing.Sanctimonious Veggie. GYO-er. Seed Saver. Get in.0
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There are certain exemption (like when the person concerned did not know they were due any money in which case it might be 6 years from the date of knowledge).
She needs legal advice on this.If you've have not made a mistake, you've made nothing0 -
There are certain exemption (like when the person concerned did not know they were due any money in which case it might be 6 years from the date of knowledge).
She needs legal advice on this.
I know - and I'm going to make sure she gets it.. but it's Friday and I just wanted some advice before I can get her to speak to someone on Monday.
Thanks all - my questions have been answered.Sanctimonious Veggie. GYO-er. Seed Saver. Get in.0
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