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Advice needed…. Do I have grounds to contest a will as I suspect theft and fraud!
Blat56
Posts: 11 Forumite
My Uncle was the last living relative of my adopted family, he was more of a father than any other figure in my life. Sadly he lost control of his brain and body over the last few months and finally died with brain tumour.
I am very upset at the way his chosen executor has conducted his duties and ripped me off of my uncle’s last wishes and my inheritance.
Just after Christmas 2012 My Uncle told myself and my then partner of many years that he wanted us to know where to find his paperwork in the event of his death. He then showed us exactly where it was stating that everything left from his estate would be left to myself and an x partner of his. He at this time told us that his executor would be his x partners son.
July 2014 my Uncle was admitted into Hospital after a fall. It then became apparent that my Uncle would not be able to return home and would be transferred to an end of life home. At this stage my uncle’s x partners son called me and said that as executor he would be wanting my Uncle’s paperwork and would begin clearing my Uncle’s home.
During this process this executor called me to tell me that he had begun clearing my Uncle’s home and had found 2 wills, one dated 2010 and the last dated 2012. Both were very different but the last stating that I myself was to receive 65% of it. I at this time asked if I could have a clock and some other memorabilia from my Uncle’s home. It was agreed and I went to my Uncle’s home to meet this executor and collect these bits. I took a very good friend with me, we were both horrified at the way he was just chucking stuff out and had helped himself. He told my friend how I was going to do well out of this and the he would like an incentive.
A week or so later, I got a call from this executor stating that he wanted to get power of attorney, he tried but failed and then said that he had handed all paperwork to his solicitor.
I had no idea who this Solicitor was until the home he was in told me that a solicitor had recently been to see my Uncle and they gave me the contact details. I phoned these Solicitors and spoke to them, they told me that they were his executors and that they would send me a copy of his last will. I then received a copy of his will, it was infact the 2010 version and very different from the one I had been told about.
I have since questioned the solicitors and the only will and records of any executor are in the only copy of a will done through them in 2010. I have no copy of his 2012 will and can prove no more apart from the witnesses I mention above. They also informed me that they had contacted my Uncle’s X partners son who said that he knew nothing about being executor and the only will was the one they had on record.
This leaves me with no doubt that my Uncle’s chosen executor has destroyed the last will and shirked his responsibility for his own selfish gain. As previously mentioned he is son of my Uncle’s X partner who is also named as a beneficiary in both wills. However the earlier 2010 will was more in her favour. This X partner is now suffering from Dementia and her son is now trying to get power of attorney over her affairs… think that says it all!
I am very upset at the way his chosen executor has conducted his duties and ripped me off of my uncle’s last wishes and my inheritance.
Just after Christmas 2012 My Uncle told myself and my then partner of many years that he wanted us to know where to find his paperwork in the event of his death. He then showed us exactly where it was stating that everything left from his estate would be left to myself and an x partner of his. He at this time told us that his executor would be his x partners son.
July 2014 my Uncle was admitted into Hospital after a fall. It then became apparent that my Uncle would not be able to return home and would be transferred to an end of life home. At this stage my uncle’s x partners son called me and said that as executor he would be wanting my Uncle’s paperwork and would begin clearing my Uncle’s home.
During this process this executor called me to tell me that he had begun clearing my Uncle’s home and had found 2 wills, one dated 2010 and the last dated 2012. Both were very different but the last stating that I myself was to receive 65% of it. I at this time asked if I could have a clock and some other memorabilia from my Uncle’s home. It was agreed and I went to my Uncle’s home to meet this executor and collect these bits. I took a very good friend with me, we were both horrified at the way he was just chucking stuff out and had helped himself. He told my friend how I was going to do well out of this and the he would like an incentive.
A week or so later, I got a call from this executor stating that he wanted to get power of attorney, he tried but failed and then said that he had handed all paperwork to his solicitor.
I had no idea who this Solicitor was until the home he was in told me that a solicitor had recently been to see my Uncle and they gave me the contact details. I phoned these Solicitors and spoke to them, they told me that they were his executors and that they would send me a copy of his last will. I then received a copy of his will, it was infact the 2010 version and very different from the one I had been told about.
I have since questioned the solicitors and the only will and records of any executor are in the only copy of a will done through them in 2010. I have no copy of his 2012 will and can prove no more apart from the witnesses I mention above. They also informed me that they had contacted my Uncle’s X partners son who said that he knew nothing about being executor and the only will was the one they had on record.
This leaves me with no doubt that my Uncle’s chosen executor has destroyed the last will and shirked his responsibility for his own selfish gain. As previously mentioned he is son of my Uncle’s X partner who is also named as a beneficiary in both wills. However the earlier 2010 will was more in her favour. This X partner is now suffering from Dementia and her son is now trying to get power of attorney over her affairs… think that says it all!
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Comments
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Hi and sorry to hear of your loss. I've got some initial thoughts and hopefully someone with more knowledge will be along later.
I'm not clear if you've ever physically seen the will or not. I'm presuming not, so it sounds like one person's word against another. I can't even see how this can be pursued without knowing if a solicitor was involved with the later will
.
Another assumption I'm making is that you were not provided for in the 2010 will and everything went to your Uncle's partner. Between 2010 and 2012 the partner became an ex partner(?) but still on good enough terms to give a large portion of the inheritance to.Saving money right, left and centre0 -
Thanks for your reply,Hi and sorry to hear of your loss. I've got some initial thoughts and hopefully someone with more knowledge will be along later.
I'm not clear if you've ever physically seen the will or not. I'm presuming not, so it sounds like one person's word against another. I can't even see how this can be pursued without knowing if a solicitor was involved with the later will
.
Another assumption I'm making is that you were not provided for in the 2010 will and everything went to your Uncle's partner. Between 2010 and 2012 the partner became an ex partner(?) but still on good enough terms to give a large portion of the inheritance to.
No I had not physically seen the will. I was provided for in the 2010 will and the X Partner was then an X but at that time better provided for than in the later will.
Yes is my word against his but if he has shirked and denied his duties as an executor then surely that makes him a thief for going into my Uncle's home and taking his belongings etc.... what gave him that right?0 -
Thanks for your reply,
No I had not physically seen the will. I was provided for in the 2010 will and the X Partner was then an X but at that time better provided for than in the later will.
Yes is my word against his but if he has shirked and denied his duties as an executor then surely that makes him a thief for going into my Uncle's home and taking his belongings etc.... what gave him that right?
If that is the case then unless you have some sort of proof, you will have a hell of a time proving that there was another later will.0 -
Does the 2010 will state the solicitors? If it was updated it probably would have been with the same solicitors so they should have a copy of it there.0
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Have you asked the solicitors that drew up his 2010 will if they were involved in the 2012 will, if they were, they should have a copy on file.
oops x posted0 -
That's exactly what I thought! I just find it very frustrating and disgusting that someone can actually get away with this.
Thank you for the reading and replying.0 -
If no one apart from your uncles stepson has seen the 2012 will, how can you even be sure it ever existed? did your uncle ever mention anything about it to you? It could have been made up by the stepson, for reasons of his own.0
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Ok
So contact another solictor or two in the local town who he might of used. Ask them if they were involved and if not can they circulate a request to the other lawyers in the area (they do this routinely when familes are trying to find lost wills or prove that administration is needed instead).
Even if they only have paperwork, it make a difference.
As fo him going in and sorting stuff out, you needed to have stopped that at the time, as he didn not have power of attorney and acted outside his legal rights.
You might also want to have a word with the PGO about the current situation re him trying to get POA for his mum.If you've have not made a mistake, you've made nothing0 -
Tracing that 2012 will (if it exists) is almost certainly your best bet here. Given your uncle was aged, it would be likely to be a local solicitor, so it would be worth getting in touch with a few. Solicitors typically keep copies because they need to prove the advice they gave if anyone comes after them for malpractice.
Also it may be worth trying to locate witnesses of the will. It can't be the ex at least, as she is a beneficiary.0
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