Will advice needed - is this above board?

gettingtheresometime

Younique wrote: »

Executor states in the original post

The executor can be anyone - could even be a beneficiary

Crabapple

Was this a homemade Will or done by a professional? Just curious really, I don't think you'd have any better grounds to challenge it if a Solicitor had written it, but they'd be less likely to take instructions off someone else.

To be honest, unless you can prove that there was coercion (that she was in effect forced to make the Will this way) then you are not going to be able to challenge - and coercion is pretty much the hardest thing to show because you'd need a lot of witnesses that the signing and contents of the Will were not what she would have wanted.

As to the uncle's situation and wanting him to get his comeuppance, you have the option of reporting him for benefit fraud, but I doubt you'd get far with challenging the Will, and it would likely cost the Estate a good portion of the extra your dad might get.

Younique

No longer needed

gettingtheresometime

Younique wrote: »

Thank you for your reply, my concern over the will is that my uncle has done what he had done to money launder - and it's common knowledge in my family that the grandson will not have the money it will be passed back to the uncle as he wouldn't let my nan put it in her name as he would have over the saving threshold to claim his benefits - I am not benefiting from the will the money is not much of my concern it's more the principle and the fact that my nan was taken advantage of

Its not money laundering.

Money laundering is when money obtained from illegal activities is used for legitimate transactions -hence the term laundering.

So for example if I was selling drugs and then used the money to buy a car which I then promptly sold for cash that's money laundering

Mojisola

Younique wrote: »

Executor states in the original post

The executor has a legal obligation to divide up the will as it is written. He will be personally financially liable if he doesn't follow the will.

Mattygroves2

If the grandson is under 18 then it will be in trust for him and the trustee will probably be his father. It would be for the grandson to complain if he felt his father was doing him out of his inheritance - but that would be his choice. If he chooses to gift his father his inheritance in chunks to avoid his father going over the benefit levels then again that is his choice.

There is nothing wrong with an executor being a friend of a beneficiary or even a beneficiary. If the will had been witnessed by a beneficiary they would lose their inheritance but the will would still be valid.

Unless you've got alot of money to waste on lawyers fees I doubt you'll get anywhere. If you've got proof that your grandmother didn't have the mental capacity to sign her will then you might have a case similarly if you could get enough witnesses to testify that she was coerced but if a solicitor drew up the will then I doubt that will work either.

Unfortunately anyone can leave their money to whoever they like (assuming they have no financial dependents) regardless of how fair it is.

elsien

Younique wrote: »

Thank you for your reply, my concern over the will is that my uncle has done what he had done to money launder - and it's common knowledge in my family that the grandson will not have the money it will be passed back to the uncle as he wouldn't let my nan put it in her name as he would have over the saving threshold to claim his benefits

What may or may not happen to money after it is shared out has no bearing on the validity of the will. Ditto your suggestion of money laundering. However angry you are.

If you want to contest the will, you need to have specific grounds to do so. So are you suggesting the will is invalid because of undue influence, lack of capacity, procedures not correctly followed?
This is an old article and things may have changed, but it should give you the gist.
http://news.bbc.co.uk/1/hi/business/7524905.stm

Edit - if you read the link I gave you for reporting benefit fraud, it does say you do not have to give your name.

Younique

No longer needed

Younique

No longer needed

Mojisola

Mattygroves2 wrote: »

The will would be invalid if a beneficiary acted as a witness though.

The will would remain valid but the witness wouldn't be allowed to have his/her inheritance. The same applies if the spouse/civil partner of a beneficiary acts as a witness.