Inheritance Disagreement - Where Do I Stand Legally?

ddaannii

Seeking advice prior to legal help.

My father has refused to pass on my inheritance of which I am due.

Unfortunately my biological father and I don't get on, and I no longer have a relationship with him. My grandfather (on his side of the family) passed away when I was 10 years old, leaving me a sum in his will, then unknown to me. Out of curiosity, roughly 6 years later, I managed to obtain a copy of the will, which stated my inheritance. However, after already seeking legal advice and sending a letter to all executors of the will (my father, auntie, and godfather), I am no further forward in rightly receiving what is mine. I firstly got a reply from my godfather, going on about how busy he and my auntie were, and that I'd have to wait until their schedules calmed until they could do anything. I later received a second later from my godfather, stating that I couldn't have my inheritance because I'd be going against the final wishes of my grandparents. Even though there is no clause in the will that determines what age I should be or what it should be used for etc, my father claims that I should inherit the sum at 25 years old, and that it should be used towards the deposit of a house. I have been disallowed my inheritance because of this. The will literally states "by my will I have given the sum of £---- to each of my grandchildren alive at my death " and there are no clauses at all.

I'm seeking advice on the next steps from here - what's the best route forward into getting my inheritance? I believe that my father currently has it in his possession, when it should be in mine. I'm now legally an adult so there is no reason as to why I can't have it.

Any help would be appreciated. Thanks!

cte1111

You mention 'biological father', so were you adopted out of your biological family? If so, then I believe this would mean that you were not legally considered the grandchild and therefore would not inherit.

unforeseen

cte1111 wrote: »

You mention 'biological father', so were you adopted out of your biological family? If so, then I believe this would mean that you were not legally considered the grandchild and therefore would not inherit.

They would be if they are mentioned in the will by name regardless of whether adopted or not.

Manxman_in_exile

Although the OP says the will "literally" refers only to "grandchildren" and the OP does not mention anything about names.


After six years isn't it a problem anyway?

konark

You were a minor when your grandfather died so the money would have had to be held in trust until you were 18, when as an adult you are absolutely entitled to it.

Sounds like executors are fobbing you off and talking rubbish. If the will you have is the one entered into probate, you can check for a small fee, you should tell the executors you want your inheritance now, however 'busy' they are, and if they fob you off with more Jackanory you should see a solicitor ASAP, preferably a specialist in this area.

ddaannii

Thanks for your reply.

I was never adopted out of the family, my mother and father divorced when I was young, so I went to live with my mother. I don't have a relationship with my biological father now (I use the term 'biological' because he's not my Dad out of choice, just a sperm donor as far as I'm concerned). I had an on/off relationship with him and his family throughout my childhood.

martinbuckley

It seems even though you don't seem to have had much thought about your paternal grandparents whilst growing up, they clearly thought a lot of you to leave you a sum of money.

cte1111

unforeseen wrote: »

They would be if they are mentioned in the will by name regardless of whether adopted or not.

But the OP says the will says "grandchild" and if they had been adopted out of the family, then they would not be a grandchild any more.

Anyhow the OP says they are still part of the family so irrelevant but strange that 3 people liked the erroneous post and none liked the salient question!

Yorkshireman99

Manxman_in_exile wrote: »

Although the OP says the will "literally" refers only to "grandchildren" and the OP does not mention anything about names.


After six years isn't it a problem anyway?

The six years runs from the date at which action could be taken. So the OP can take legal action for up to six year from being 18. Regardles of the will say he can claim at 18.

newbutold

cte1111 wrote: »

But the OP says the will says "grandchild" and if they had been adopted out of the family, then they would not be a grandchild any more.

Anyhow the OP says they are still part of the family so irrelevant but strange that 3 people liked the erroneous post and none liked the salient question!

I thought the not being entitled to inherit after being adopted out of family, only applies if the person who died dies intestate?

jackyann

OP: as it appears that you are legally one of the grandchildren mentioned in the will, then you have a claim.

First of all, as suggested, get a copy of the will that was entered into probate & check what this says, as this is the legal one (you don't say where you got your copy from)

Get all of your family information, birth certificates etc. so you can prove your relationship (you can get copies if necessary)

Use gov.uk to help if you need to find information. This will save you time (ie: money!) when you go to a solicitor.

Check if you have an insurance policy or union membership that might entitle you to a certain amount of legal advice. If not, then find a specialist solicitor, and ask for their fee structure before you make an appointment. You need to do this as you need to consider how much of your inheritance should be spent on fees.

Having got everything ready, consider writing a formal letter to the executors (it doesn't matter what your personal relationship is with them, you are writing to them as executors). Send the letters 'to be signed for' so you know that they receive them.

Tell them that having read the will that was entered into probate, you believe that you are entitled to £x. Could they send this, or a written explanation that you can take to a solicitor?
That may persuade them to send you the money without you having to pay for legal advice.

Good luck