Mums will went wrong

Ronin1978111

Tuesday_Tenor wrote: »

Eh...? If she has already taken the jewellery how can she expect it to be produced?

If she is expecting a cash alternative then, no, sorry, it doesn't work like that. If any specific item (house, car, jewellry) mentioned in a will no longer exists or was no longer owned by the testator at time of death, then the bequest fails. Since the will was written, an item may have been sold/given away/lost/eaten by the dog .... In any such circumstance it is no longer part of the estate.

This is why you you need to work through a solicitor who can put this information in writing.

The estate accounts will include the list of the assets and will not include any jewellry if no jewellery is found in the possessions/bank safe of the deceased. If jewellery is mentioned in the will, then I would expect the solicitor to make some specific comment confirming that there is no jewellery in the estate.

I spoke to the solicitor this morning and mentioned gift failure.
He told me that the way my mum worded the will in relation to 3 rings which she bequeathed to a friend, specified that she would leave her '3 rings' as opposed to 'my 3 rings' therefore the estate would have to buy these rings if they could not be found.

Ronin1978111

Tuesday_Tenor wrote: »

2. Definitely use a solicitor to do the probate (applying for, gathering assets, distributing bequests, producing estate accounts). You can remain the executor, as you were the one your mum trusted to do the job, and ultimately will have to 'sign off' what the solicitor produces. But using the solicitor will reduce the amount of contact you need to have with siblings over such matters. You might prefer to use a different solicitor, as the existing one is part of the 'upset', though I agree with others that it isn't possible to actually blame him for the situation. The solicitor's fee will come out of the residual estate, of course, so all siblings inheritance of this,including yours, will be reduced equally. But for reducing hassle with the siblings, I'd personally consider it money well spent.

My relationship with this solicitor is now strained and I feel it would be best to get another solicitor to deal with it. If this was the case, would all legal fees between both solicitors come out of the estate?

Because her will was being done through age concern I'm not sure if her representation would be free anyway up until the point he has been dealing with me?

Mojisola

Ronin1978111 wrote: »

I spoke to the solicitor this morning and mentioned gift failure.
He told me that the way my mum worded the will in relation to 3 rings which she bequeathed to a friend, specified that she would leave her '3 rings' as opposed to 'my 3 rings' therefore the estate would have to buy these rings if they could not be found.

Is there a description of the rings? If it's just "3 rings", then you can get something like this -
https://www.ebay.co.uk/itm/2014-Fashion-Jewelry-Lady-men-Solid-Silver-Ring-18K-Gold-Crystal-Gift-Box-R925-/321335404149?pt=UK_Jewellery_Watches_FineJewellery_CA&var=&hash=item4ad1152675

Ronin1978111

Mojisola wrote: »

Is there a description of the rings? If it's just "3 rings", then you can get something like this -
https://www.ebay.co.uk/itm/2014-Fashion-Jewelry-Lady-men-Solid-Silver-Ring-18K-Gold-Crystal-Gift-Box-R925-/321335404149?pt=UK_Jewellery_Watches_FineJewellery_CA&var=&hash=item4ad1152675

Diamond and sapphire rings

Mojisola

Ronin1978111 wrote: »

Diamond and sapphire rings

Doesn't that mean that she was referring to specific rings that she owned?

nom_de_plume

Mojisola wrote: »

Doesn't that mean that she was referring to specific rings that she owned?

I would interpret it similarly. Anything else is too vague. How much is a diamond ring worth? Elizabeth Taylor's single diamond engagement ring sold a few years back for $8.8M

Ronin1978111

This revaluation has also annoyed me because mum went to a solicitor to help her and so far this poor wording and failure to include a residuary clause has caused all of this.

Age concern helped her with a solicitor to make sense of the unknowns like legal wording etc! I doubt he explained the consequences of this because if he did, she would've immediately insisted it changed.

whitewing

Painful as it is to be dealing with this when you are grieving, the best advice I can give you is to put aside what Mum may have actually wanted, and deal with it exactly as the will is written (taking legal advice to do so).

It is unfair, but you need to look after yourself. People lose money unnecessarily more quickly by acting in anger or refusing to deal with something.

I hope that you can find the peace you need. You did your very best for your mum and she will understand that anyway.