Will dispute

tara1964

After reading about will disputes and caveats I thought I would tell mine. Mum died early this year and left everything to me. Dad died many years ago. I have a brother who fell out with the family years ago and has never spoken to us in at least 16 years. Mum has left everything to me, around £70k in cash accounts and a property worth around £100k.
My brother now has wind of this and is kicking up a fuss. He has entered a caveat and put in an appearance stating that I am not executing my mothers wishes properly. About 6 months before she died she gifted me £40k, she new I always wanted a soft top mini and wanted to help my kids on the property ladder. This money enabled me to do that.
My brother is now saying that the money gifted to me was meant to look after my grandma and that grandma is suffering.
Mum did state in her will that i was to carry on looking after my grandma ie shopping and making sure she is warm and comfy, which I willing and lovingly do. But brother is saying grandma should not be using her money to pay for food and heating etc I should be paying for it out of the £40k.
He also does not think I am a fit person to be dealing with probate, especially due to the fact I am not doing as mum asked!!!
Surley to goodness when the Registrar sees this 'appearance' he can just discard it and grant probate?
Can people really hold up probate on ridiculous and flimsy excuses, surley they need concrete evidence?

SailorSam

Doesn't seem very fair that he can come forward after all these years and stop things going through.
Have you read this ? A few interesting points.

http://www.justice.gov.uk/courts/probate/caveats

tara1964

Hi yes I have seen that, looks like he is trying it on with the excuse that I am not a fit and proper person

lavalamp

tara1964 wrote: »

My brother is now saying that the money gifted to me was meant to look after my grandma and that grandma is suffering.
Mum did state in her will that i was to carry on looking after my grandma ie shopping and making sure she is warm and comfy, which I willing and lovingly do. But brother is saying grandma should not be using her money to pay for food and heating etc I should be paying for it out of the £40k.

Does he have evidence of this? Is there something in writing? If it's not in your Mum's will, you're not doing anything wrong unless there was a verbal agreement between you and your Mum that you would pay for your grandma and then you are only doing something that would be considered morally wrong, not legally wrong....
I have no idea if your brother will get anywhere with his caveat, but I wish you good luck and sorry for your loss.

tara1964

It states in the will that I am to continue to do her shopping and make sure she is looked after. Nowhere does it state I have to support her financially. Of course if my grandmother ever needed any money I would give it her, but she is comfortably off. He is mouthing off now saying he is reporting me to the tax man as I should be paying tax on this £40k. Solicitor has already informed the tax man of this on the probate forms and I believe because its a gift and the estate was under £325k no tax is payable.
He is just being spiteful. Now he says he is going to make a claim under in the in heritance act.

troubleinparadise

What does your solicitor say about this?

How does your brother know so much about the gift and the contents of the will given that you don't communicate and he isn't a beneficiary?

I hope you are getting the solicitor's trained legal expertise on the wording of the will and his views on your brother's interpretation of the will and taxation.

madbadrob

If this hasnt yet gone through probate you cant actually do what the will asks of you because the will has not yet be proven valid. By placing this caveat he is actually holding you up from helping your grandmother as per the will.

Your solicitor needs to follow the steps set out for caveats and then if need be push it into court. There is another alternative and renounce your executrix and ask the solicitor to become executor. Yes it will cost the estate a little more but would take out the brothers arguments.

Bear also in mind unless the will specifically states that you only get the gifts if you look after your grandmother then there is no reason that you should (legally). Requests such as this in wills is non enforceable unless there is a clause stating you shall for your share. So I would think he doesnt have a leg to stand on.

Dont give in to him which is what he is hoping. I would also like to know how he knows what is in the will?

Rob

tara1964

Solicitor says she is applying to the registrar as this being vexatious. And it was an ex in law who was friends with my grandmother who told my brother. A nasty piece of work, i have told my grandmother to tell her nothing in future ! Solicitor says there are no tax implications.

madbadrob

Vexatious or not the fact a caveat is now in place makes things difficult for you until it is removed which has I have just posted on a similar thread is not straight forward

Rob

little_miss_muppet_face

Did something really bad happen that your mother wouldnt have just wanted to split things equally between her 2 children ?

Why should you get it all and he gets nothing ? Doesnt seem fair.

tara1964

little_miss_muppet_face wrote: »

Did something really bad happen that your mother wouldnt have just wanted to split things equally between her 2 children ?

Why should you get it all and he gets nothing ? Doesnt seem fair.

Without going into too much detail, yes he was horrid and caused nothing but problems. He walked out on the family 16 years ago saying he wanted nothing more to do with us, and he wished my mum dead!! She wanted him to have nothing! Personally I wish she had left it to the dam cats home.