Not Received Bequest

o202

Hi,

Sadly my partners grandfather recently passed away and was left something in his will; which made me wonder about my grandfather and if I was left anything. I requested a copy of his will and probate online and discovered that I, along with his other grandchildren had been left a substantial amount of money each in his will.

The issue is, he passed away in 2012, probate was granted in 2013 and I haven't received a peep out of the executor, my aunt, in years. There's no ill will between us as far as I'm aware, simply we were never that close.

I'm hoping it's as simple as the fact that I moved from halls, to a flat to eventually my own house last year and perhaps she couldn't find or get ahold of me (albeit my phone number hasn't changed and I have my cousins (her kids) on FB. To be honest I've had little to do with that side of the family in years so no contact with any other the other beneficiaries either.

I don't want to seem rude, but any advice on how to approach this - I've tried calling her to discuss this, but I'm not entirely sure how to drop it into conversation, and it certainly hasn't been mentioned by her that oh by the way, there's a cheque for you here.

There's just a few worries I have and also looking for advice on how best to proceed next:

• Does a bequest expire? Is there a time limit I have to claim it?
• The estate certainly had sufficient funds to fulfil all bequests in the will, with residuary going to my aunt. Could she simply have paid out the other kids, paid herself the residuary and spent it?
• Any advice on how to deal with this going forward should she not send a cheque or not have the money to pay this?

I've got a little one on the way and was hoping to take her to meet the family but I don't want to taint the relationship with all this money talk however I can't ignore this money and how it could help my family.

Thanks in advance

Yorkshireman99

o202 wrote: »

Hi,

Sadly my partners grandfather recently passed away and was left something in his will; which made me wonder about my grandfather and if I was left anything. I requested a copy of his will and probate online and discovered that I, along with his other grandchildren had been left a substantial amount of money each in his will.

The issue is, he passed away in 2012, probate was granted in 2013 and I haven't received a peep out of the executor, my aunt, in years. There's no ill will between us as far as I'm aware, simply we were never that close.

I'm hoping it's as simple as the fact that I moved from halls, to a flat to eventually my own house last year and perhaps she couldn't find or get ahold of me (albeit my phone number hasn't changed and I have my cousins (her kids) on FB. To be honest I've had little to do with that side of the family in years so no contact with any other the other beneficiaries either.

I don't want to seem rude, but any advice on how to approach this - I've tried calling her to discuss this, but I'm not entirely sure how to drop it into conversation, and it certainly hasn't been mentioned by her that oh by the way, there's a cheque for you here.

There's just a few worries I have and also looking for advice on how best to proceed next:

• Does a bequest expire? Is there a time limit I have to claim it?
• The estate certainly had sufficient funds to fulfil all bequests in the will, with residuary going to my aunt. Could she simply have paid out the other kids, paid herself the residuary and spent it?
• Any advice on how to deal with this going forward should she not send a cheque or not have the money to pay this?

I've got a little one on the way and was hoping to take her to meet the family but I don't want to taint the relationship with all this money talk however I can't ignore this money and how it could help my family.

Thanks in advance

Bequests don't expire. You are still owed it. You need to ask ASAP what has happened to it.

nom_de_plume

I would advise treading cautiously in the first instance as it's possible that, despite the wording of the will, there were no funds to meet the bequest.
Does your partner know anything of the state of their grandfather's finances. It is possible savings may have been eroded by care home costs for example.

troubleinparadise

As has been said, unless there were funds to make those bequests they might not happen, even if it was in a will. If the asset doesn't exist any longer, a bequest cannot be met.

And another view; I do know of two adult children who were executors of their late mother's will, and it seems the lead one didn't like that their mother had made bequests to some cousins who didn't even bother to attend the funeral, say £1000 each.

So he just didn't make the payments.

I did talk to the other sibling and said that in law they were both responsible, and that the cousins could find out as the will went to probate, and that the payments should be made whatever the executor/s feelings.

As to whether that ever happened I don't know.

But it is also perfectly posssible the bequest was "overlooked", possibly due to ignorance of the legal need to carry out what is in the will, or possibly deliberate.

Maybe someone else knows the answer as to whether the executor/s should inform a potential beneficiary according to a will of the failure of a bequest?

getmore4less

what are the exact terms of the bequests?

how old were the beneficiaries

if as a class(eg. all grandchildren) of beneficiaries there may be a secondary clause that delays distribution(eg youngest is 18).

"I give X £yyyyy" will be more straightforward.

if in touch with the others a casual word with them may be starting point, any sudden change like bought a newer car than you think they could afford or have a deposit for a house.

getmore4less

nom_de_plume wrote: »

I would advise treading cautiously in the first instance as it's possible that, despite the wording of the will, there were no funds to meet the bequest.
Does your partner know anything of the state of their grandfather's finances. It is possible savings may have been eroded by care home costs for example.

read the first post again.

Biggles

o202 wrote: »

I don't want to seem rude, but any advice on how to approach this - I've tried calling her to discuss this, but I'm not entirely sure how to drop it into conversation, and it certainly hasn't been mentioned by her that oh by the way, there's a cheque for you here.

It isn't that hard; let's face it, it's an important matter and it's not as though his death were only yesterday, so you should both be able to discuss it easily.

Ring her today and ask.

trailingspouse

I would be inclined to put things in writing. That way, you can choose your words carefully - and also it makes things a bit more official and harder to deny further down the road.

Drop her a note - tell her what you've told us - and see what she says. She can either come back to you saying 'yes, there's some money for you, we didn't know your address', or she can say 'sorry, there wasn't enough left', or whatever.

If you suspect that she's pocketed the money and just kept quiet, then maybe you need the advice of a solicitor before you do any of this - most will give half an hour of their time for free, so seek advice and take it from there.

jackyann

My advice would also be to do this in writing (and copy it) so you have 'evidence' but to begin gently as others have advised.
I'd write along these lines:

I know I have been out of touch (other than on FB) for some time, but now I have a baby on the way, and was hoping that we could meet up. My partner's grandfather just died and the helped me to realise the importance of keeping in touch. I don't know if you had my contact details, but here they are......

This gives her the chance to say 'this money was waiting for you' and you haven't given any reason for her to take offence!

If she either doesn't contact you, or does but without mentioning the money,give her a few weeks / month or so to sort herself out, and then write more formally:

My partner's grandfather's will made me wonder about my grandfather' will and I looked it up.....

That way you have given her a way to make amends, or give an explanation with no fuss. But if she doesn't take it, then you have every right to go ahead and ask for you share of the money, or the evidence that there was none (for whatever reason). Being an executor is a serious job, and should not be subject to whims or fancies.

I do hope it resolves well for you.

Yorkshireman99

jackyann wrote: »

My advice would also be to do this in writing (and copy it) so you have 'evidence' but to begin gently as others have advised.
I'd write along these lines:

I know I have been out of touch (other than on FB) for some time, but now I have a baby on the way, and was hoping that we could meet up. My partner's grandfather just died and the helped me to realise the importance of keeping in touch. I don't know if you had my contact details, but here they are......

This gives her the chance to say 'this money was waiting for you' and you haven't given any reason for her to take offence!

If she either doesn't contact you, or does but without mentioning the money,give her a few weeks / month or so to sort herself out, and then write more formally:

My partner's grandfather's will made me wonder about my grandfather' will and I looked it up.....

That way you have given her a way to make amends, or give an explanation with no fuss. But if she doesn't take it, then you have every right to go ahead and ask for you share of the money, or the evidence that there was none (for whatever reason). Being an executor is a serious job, and should not be subject to whims or fancies.

I do hope it resolves well for you.

There is also likely to be interest payable that the executor would be personally liable for. I have a feeling that this is at High Court rate which is quite high, Perhaps someone can clarify this.

securityguy

Yorkshireman99 wrote: »

There is also likely to be interest payable that the executor would be personally liable for. I have a feeling that this is at High Court rate which is quite high, Perhaps someone can clarify this.

8%

https://www.gov.uk/make-court-claim-for-money/work-out-interest

What's a bit odd about that page is that it appears not to be compounded.

However, I'd be slightly surprised were that to be due unless the OP has to actually get the money via a court. One man's substantial is another's mere bagatelle, but if it's a substantial enough sum of money that 8% per year for a few years is itself substantial, it might be worth talking to a solicitor to see what best to do.

However, it's worth bearing in mind that by implication the OP was under 21 and more probably under 25 at the time of death (halls of residence and such), and some people have strange ideas about making payments to people they see as "young" but are nonetheless over 18, in the absence of trusts being set up explicitly. It's possible the aunt has - misguidedly, illegally, but with perhaps good intentions - decided to implement an informal trust arrangement. In which case, that needs to be dealt with, and she needs to pay the money out, but you can be a bit more sensitive because it wasn't done with ill will.