We're aware that some users are experiencing technical issues which the team are working to resolve. See the Community Noticeboard for more info. Thank you for your patience.
📨 Have you signed up to the Forum's new Email Digest yet? Get a selection of trending threads sent straight to your inbox daily, weekly or monthly!

Messy probate situation with children fighting with stepmother!

Options
1457910

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    carled wrote: »
    W didn't KNOW about the codicil until 3 weeks after the funeral when she went to visit a solicitor for guidance. Her husband never bothered telling her or D1 & D2 that he'd done it.

    It would be quite unusual for a solicitor drawn up will and codicil not be kept together.
  • carled
    carled Posts: 144 Forumite
    Part of the Furniture Combo Breaker
    edited 31 May 2016 at 3:07PM
    It would be quite unusual for a solicitor drawn up will and codicil not be kept together.
    She didn't have the will either - it was lodged at the "family" solicitor that D used. It was when she went for guidance to that same solicitor that she was told that there was a codicil. D didn't ever let W anywhere near finances/legal docs.

    Edit: Sorry, to clarify that a bit - she had a copy of the original will from 2002 but when she went to the solicitor there was the original with the codicil attached. Her version in the box file at home did not have the codicil attached.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    So they started without having a clue the copy was still a copy of the current will.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    carled wrote: »
    W starts to act as sole executor, shutting down some accounts belonging to D and putting them into a new account opened for estate funds. She uses some of the funds to pay for funeral expenses and other testamentary bits & pieces.

    As the will is complex, W is advised by financial adviser to visit a solicitor for advice, which she does. At this point she is made aware of D1 & D2 being added as executors.
    carled wrote: »
    Edit: Sorry, to clarify that a bit - she had a copy of the original will from 2002 but when she went to the solicitor there was the original with the codicil attached. Her version in the box file at home did not have the codicil attached.

    It's shocking that she started administering the estate on the basis of a copy of a will. :(

    There could have been a completely new will made which didn't name her as an executor at all.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Possibly unwise but not "shocking". They were husband and wife ...
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    carled wrote: »
    She didn't have the will either - it was lodged at the "family" solicitor that D used. It was when she went for guidance to that same solicitor that she was told that there was a codicil. D didn't ever let W anywhere near finances/legal docs.

    Edit: Sorry, to clarify that a bit - she had a copy of the original will from 2002 but when she went to the solicitor there was the original with the codicil attached. Her version in the box file at home did not have the codicil attached.
    mrschaucer wrote: »
    Possibly unwise but not "shocking". They were husband and wife ...

    when they knew they had no idea?
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
    edited 1 June 2016 at 11:49AM
    mrschaucer wrote: »
    Possibly unwise but not "shocking". They were husband and wife ...
    For anyone to think they can start to administer an estate without the original will beggars belief. Given the very confused situation with "new" "facts" being repeatedly disclosed it is difficult to work out if W is incredibly naive or devious and manipulative. Some of the "facts" really sound very odd. For example a plea and directions hearing is a preliminary hearing and a judge would be very unlikely to remove an executor without having a full hearing and with W being present.. As for W's trusteeship why have D1& D2 not taken proceedings to have her replaced by someone else? Given the way it is said D1 & D2 have behaved why has W not applied to have them replaced by an independent solicitor? The story has so many holes in it makes me wonder if is just an elaborate fantasy?
  • carled
    carled Posts: 144 Forumite
    Part of the Furniture Combo Breaker
    How does ANYONE know for certain that any will they have is the most recent? What if he'd done another one just months before his death and had it witnessed elsewhere and lodged with, I don't know, the minister at church? Some of you need a bit of a reality check I think!
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    No one really knows they have the latest will but having no will(as in this case) is a known.
  • mrschaucer
    mrschaucer Posts: 953 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Especially odd when the deceased seems to have written the codicil and then not told anybody about it: not just not told the wife but not told the children whom he wanted to act as executors. And the moral of the story is ...
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 350.9K Banking & Borrowing
  • 253.1K Reduce Debt & Boost Income
  • 453.5K Spending & Discounts
  • 243.9K Work, Benefits & Business
  • 598.8K Mortgages, Homes & Bills
  • 176.9K Life & Family
  • 257.2K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 37.6K Read-Only Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.