husbands ex wifes will!!! help

veryskint_3

Hi everyone and thanks for all your help. I went to see a solicitor today (what a waste of time) he basically told us that the trustees could refuse us and didnt have to give us anything for the kids including uniforms, school trips house extension. He said it said in the will that they COULD at their own descretion but not necessarily would, and if we took them to court it would be a waste of time because we wouldnt win. So in effect the will reads that the trustees can use the money how they please as if the money was left to them until the kids reach 21 :eek:. Therefore with their Grandads track record they will be left with nothing. Also they do not have to record anything or keep receipts for anything they spend (or so the solicitor says). Im really p****d off as we are the ones (or rather me) who are looking after the kids and cant get any help at all and the trustees are just laughing at us. Sorry theres no good news but im getting used to it now.

quoia

I've not checked back but if I remember a previous bit of information correctly - the split/divorce was 9 years ago and the suicide about 2 years ago. Yes ?
When was the will made? I presume after the split ?
How close to the suicide ?
I know that it is probably too late (not sure about over-turning probate once sorted - can you ?) but is there any chance of contesting the will on the basis of state-of-mind (sanity?) when it was made ?
Might have been a sane idea re the trust for the kids but insanity in the choice of trustess ????
Suicide, even if due to a recognised mental medical problem, might call into question her stability, reliability, state of mind, absolute intent and perception of reality at the time of making it?

Just a thought !

veryskint_3

Hi the will was made at the same time of the divorce (hence put the will in trust to granparents!!) and although they said she was having a "psychotic episode" at the time of death it states that there was no history of mental health problems. She also made the will knowing full well she was pregnant with another child and didnt leave anything to him,that is why we agreed to have the other child put on it as he was just as entitled as ours. Although making it easy for them to do this was silly now in retrospect seeing as they are making it very difficult for us now.

Loretta

veryskint wrote: »

Hi everyone and thanks for all your help. I went to see a solicitor today (what a waste of time) he basically told us that the trustees could refuse us and didnt have to give us anything for the kids including uniforms, school trips house extension. He said it said in the will that they COULD at their own descretion but not necessarily would, and if we took them to court it would be a waste of time because we wouldnt win. So in effect the will reads that the trustees can use the money how they please as if the money was left to them until the kids reach 21 :eek:. Therefore with their Grandads track record they will be left with nothing. Also they do not have to record anything or keep receipts for anything they spend (or so the solicitor says). Im really p****d off as we are the ones (or rather me) who are looking after the kids and cant get any help at all and the trustees are just laughing at us. Sorry theres no good news but im getting used to it now.

I do not believe the advice you have been given, I think that it is incorrect.

The money should be in trust for these children and protected for them. Someone should be held to account for all the money and how it is spent to ensure that the money is there for the children in the future at least and for their up keep now.

I think that there are regulations about where the money in Trusts is to be invested to make sure there is the minimum of risk

I don't know where you can go to obtain proper advice but I really feel you have not had correct advice up until now.

I know you are reluctant to ask Social Services for advice but I am wondering if it would be a good idea to phone and ask just about this specific subject or maybe post on a legal advice board. Do you have legal cover on your house insurance.

There used to be an Official Solicitor, some kind of government appointed official, to protect a child's interests

I hope someone comes on here who has some legal experience to help you, please don't give up

localhero

Very Skint,

Loretta is right. You must not give up. As per my previous post, aside from what the Will says, the Trustees must act in the best interests of the beneficiaries.

Failing to provide for their upkeep is hardly that!

Therefore you need the services of a good family law solicitor. Ring a few first and explain. If they make encouraging noises then make an appointment (don't waste time making appointments to see them without doing this first).

Take someone with you to the appointment. Best wishes here's the link. http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

veryskint_3

localhero wrote: »

Very Skint,

Loretta is right. You must not give up. As per my previous post, aside from what the Will says, the Trustees must act in the best interests of the beneficiaries.

Failing to provide for their upkeep is hardly that!

Therefore you need the services of a good family law solicitor. Ring a few first and explain. If they make encouraging noises then make an appointment (don't waste time making appointments to see them without doing this first).

Take someone with you to the appointment. Best wishes here's the link. http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Hi when i ring the solicitors i give them a brief description about what im ringing about and all 3 have sounded helpful until you get there. I also think the solicitor is wrong but when you try to argue a point with them they make you feel as though you are stupid. After or rather whilst walking out of the solicitors i just burst into tears and sobbed for an hour im so fed up. My husband works mon-sat so he keeps having days holidays to see a solicitor and its not until you get through the door do you realise they are a complete waste of time. The will does state that the trustees can use the money at their own descretion wherever or whenever as if they were entitled to it themselves until the kids are 21. BUT also when i come back from the solicitors i am on such a downer i get so depressed. I will not give up just yet though and will take your advice. Thanks. As i said before its nice to know you have people on your side.

localhero

Ok Very-skint, perhaps next time on the phone to the law firms ask to speak to the family lawyer first. Quite often the initial calls are taken by a receptionist or a trainee who are instructed to make appointments.

Insist that since your enquiry is quite specific (and you don't want to waste anybody's time) that you must speak with the actual solicitor for a couple of minutes. Then ask if they can provide a solution, and if so how.

Don't be palmed off with "we'll discuss all that at the appointment" patter, as you know that's likely to be a waste of time.

I am absolutely shocked and disgusted that the legal system is failing you so miserably. As Churchill said, "When you're going through hell, keep going" Great advice I would say.

Loretta

veryskint wrote: »

Hi when i ring the solicitors i give them a brief description about what im ringing about and all 3 have sounded helpful until you get there. I also think the solicitor is wrong but when you try to argue a point with them they make you feel as though you are stupid. After or rather whilst walking out of the solicitors i just burst into tears and sobbed for an hour im so fed up. My husband works mon-sat so he keeps having days holidays to see a solicitor and its not until you get through the door do you realise they are a complete waste of time. The will does state that the trustees can use the money at their own descretion wherever or whenever as if they were entitled to it themselves until the kids are 21. BUT also when i come back from the solicitors i am on such a downer i get so depressed. I will not give up just yet though and will take your advice. Thanks. As i said before its nice to know you have people on your side.

I am sure localhero is correct. The fact that there are trustees appointed means they have to act in the best interests of the beneficiaries and provide if possible for their needs including housing, food, school trips etc. If their mother wanted to allow the grandparents to spend the money as they wanted she could have left it to them and told them to spend it on anything they liked and sod the kids, but she left it to the children.

I also think that, as someone has already mentioned, the fact that she committed suicide, perhaps she was not thinking straight at the time, she made the will very soon after the divorce when I expect feelings were running very high, she 'forgot' the child she was expecting, didn't change the will in later years and after so many years when feelings may have settled down and she was thinking about what would be best for the children it would have been logical for her to make sure your husband was a trustee.

I think that Trustees have legal obligations and whatever the will says they cannot just do as they like, the money belongs to the children and they are there to do the best for the children and make sure they have the money when they are adults and I would have thought some income now. They cannot just spend it as they like or spend it all on one child and not the other two. This is why there are rules about Trustees, to stop them doing this because it would be very easy for a certain sort of person to be dishonest.

This is a large amount of money and most people never in a lifetime have this large amount, in cash, to deal with so some rules are there to protect minors.

It sounds quite a simple situation and I do not understand why if the solicitors you have seen do not do this sort of work themselves cannot recommend others that can.

I do think that your husband, at the very least, should be appointed a trustee.

What about making inquiries about making the children, maybe all three, wards of court or something like that.

Also what is happening about your 2 children keeping in contact with their half sibling, all these children must wonder why they are being split up.

It really is awful that with this distressing and financially difficult situation you are trying to manage without any proper advice to help you.

Perhaps the Citizens Advice Bureau may be able to point you in the right direction

Another thought why don't you write a brief, accurate account of this situation, as you have on here, get copies of the will and send you account and a copy of the will to half a dozen solicitors who you think are the right sort and say if they deal with this sort of thing and if they do you would like to make an appointment to discuss it. Perhaps to save your husband having to keep taking days off as holiday you could go, taking someone with you, to the first appointment.

It would be good when you at last find some help with this for your husband to have some days of his holiday entitlement left to spend with you all or go away for a few days, you sound as if you have not had a moment to relax since all this started.

Good luck let us all know what is happening and perhaps someone will come up with the right advice

misgrace

localhero wrote: »

Very Skint,

Loretta is right. You must not give up. As per my previous post, aside from what the Will says, the Trustees must act in the best interests of the beneficiaries.

Failing to provide for their upkeep is hardly that!

Therefore you need the services of a good family law solicitor. Ring a few first and explain. If they make encouraging noises then make an appointment (don't waste time making appointments to see them without doing this first).

Take someone with you to the appointment. Best wishes here's the link. http://www.lawsociety.org.uk/choosingandusing/findasolicitor.law

Hi veryskint, I have just read this thread and am shocked that you are having so much trouble getting a decent family solicitor.

I cant offer you any advice on this, but I can go along with local hero, that there is good family lawyers out there.

I wont go into too much detail as this situation is completely different to your, but I did post some months back about my friend's daughter was having a 'crack baby' and she is fighting to get custody.(my friend is)

Like you, she is up against walls all the time, and very depressed, she had rang umpteen family lawyers, half never got back to her, some she saw, didnt really want to act for her.
But only yesterday she has finally got one, who is going to take her case, ok, its costing her approx £200 an hour, until she gets some sort of financial help, but after weeks/months of banging her head against a wall, she is now feeling very positive.

So, dont give up, keep trying, and I'm sure you will find someone who will want to help you.