Mums will went wrong

NAR

Ronin1978111 wrote: »

The solicitor offered to act as executor on my behalf! Maybe I'll do that as I refuse to deal with those scum. They will laugh at me and dance on my mums grave because they will know what has happened.

Sorry for my high emotions but I have just lost my mum and have inherited a mess, thanks for your condolences

Your feelings are understandable. Make sure discuss his fee for taking over as executor and that you are happy with the charge.

makeitstop

NAR wrote: »

Your feelings are understandable. Make sure discuss his fee for taking over as executor and that you are happy with the charge.

As a rule, solicitors and banks make the very worst executors.

I would personally stay well clear of that option. It can cost bigtime.

Ronin1978111

Makeitstop, when I called to tell him that my mum died he told me that the latest draft of her will was not signed and that the only valid will in his possession was the first one she had done with him which was signed, but failed to state at the end that I get the rest of her estate. I asked what happened in those cases, and was told that the rules of intestancy apply and the rest would be shared among siblings.
He also said that he told her to put in a final statement of bequeathment but she said said she would probably amend in future. If he believed it was important as he made out to me, he should've pressed her to complete it properly before it was signed.




I know that a signed copy will apply and the final (unsigned ) will which was done correctly will not. But I feel that the solicitor could've done a better job in helping my mum.

makeitstop

Ronin1978111 wrote: »

Makeitstop, when I called to tell him that my mum died he told me that the latest draft of her will was not signed and that the only valid will in his possession was the first one she had done with him which was signed, but failed to state at the end that I get the rest of her estate. I asked what happened in those cases, and was told that the rules of intestancy apply and the rest would be shared among siblings.
He also said that he told her to put in a final statement of bequeathment but she said said she would probably amend in future. If he believed it was important as he made out to me, he should've pressed her to complete it properly before it was signed.




I know that a signed copy will apply and the final (unsigned ) will which was done correctly will not. But I feel that the solicitor could've done a better job in helping my mum.

Ah I see now. That's not great is it.

Sadly, I feel you will have no grounds to challenge the solicitor, as he can quite easily say he verbally advised his client to make any final amendments and sign their will, but that no more came of that advice. From a purely legal standpoint, I'd say it sounds tricky to get far from where you are now, but I could be wrong.

Ronin1978111

At last, thanks for acknowledging what a bad situation this is!

I was hoping I had grounds to contest the will in some way.
I know what her final wishes were but the rules of intestacy do not care about family squabbles!

The real kick in the guts is that I know that they are supposed to inherit very little and yet in a cruel twist of irony, the will in the end get more than me and I will be doing all the work.

I don't mind doing the executor role for my mum but she did not want it benefiting my siblings more than they deserved and I cannot act for their benefit! The solicitor told me that any fees will come out of the estate so it doesn't matter if he charges an arm and a leg because they will get less.

I would happily get nothing if it meant they would get nothing too. They are scum and my mum knew it. She would be turning in her grave at this outcome as it is far from what she wanted. She made a critical error and could've chosen a better solicitor, but then again, she was fighting cancer.

Is there any way I can make my role as executor any better for me?

Can I claim expenses within reason?

Mojisola

Ronin1978111 wrote: »

I don't mind doing the executor role for my mum but she did not want it benefiting my siblings more than they deserved and I cannot act for their benefit!

The solicitor told me that any fees will come out of the estate so it doesn't matter if he charges an arm and a leg because they will get less.

Is there any way I can make my role as executor any better for me?

Can I claim expenses within reason?

I wouldn't use the solicitor that wrote this will to do the executor work for you. He should have explained exactly what the consequences were if she signed it as it was written - she wouldn't have signed it if she'd really understood it, would she?

You can claim expenses - phone calls, mileage/public transport costs, etc - but let a solicitor do the bulk of the work for you. You can stay as executor and sign the paperwork that the solicitor prepares for you - that reduces the work you have to do and means that you can direct any queries your siblings have to the solicitor.

NAR

Ronin1978111 wrote: »

The solicitor told me that any fees will come out of the estate so it doesn't matter if he charges an arm and a leg because they will get less.

Well then take this route, as it is the only way you can considerably reduce their payout.

getmore4less

There is also the potential issues with sound mind and influence.

makeitstop

getmore4less wrote: »

There is also the potential issues with sound mind and influence.

Yes maybe the sound mind (or capacity as they will refer to it) but I can't see how influence comes into it, unless she was encouraged NOT to sign an amended will by someone who stood to gain from her not doing so.

It's quite scary just how basic a person's understanding needs to be in order to prove capacity to instruct on a will.

dzug1

Ronin1978111 wrote: »

He also said that he told her to put in a final statement of bequeathment but she said said she would probably amend in future. If he believed it was important as he made out to me, he should've pressed her to complete it properly before it was signed. It sounds like she ignored him


.

It's not his job to press clients to do things - to advise them of the consequences, yes. but not to force them to do something they don't want to do


Sadly I think you are the victim of your mother's (possibly understandable) indecision - not of any bad solicitor or relatives