Letter of Wishes

Woolington

Hi all,
our late dad left a will leaving his estate between we four - two siblings, two step siblings. (all executors and beneficiaries)

He also dictated a Letter of Wishes to a family member leaving my brother and I the contents of the house and garden because it had been our family home - that's actually stated as the reason. It was understood by all to be on proviso that we cleared the house in exchange and that any contents we didn't want were offered to the other two, and the remaining sent to auction and monies shared between the four.

I've done a magnificent job! and the house is cleared to just remaining large furniture. It's taken me two years to complete - all done in plain sight. Only one of the others has taken their items. Now they're both disputing the Letter of Wishes - I'm not sure if it's officially as the solicitor can't comment due to 'client confidentiality', but I suspect not as they're both being very petulant.

There are three items my brother have chosen to take, but the other two are now insisting that ALL items should go to auction and be divvied up, to the point where they want to be there to watch that ALL items go on the van. I've objected to this - it's going to be a very emotional day and I'd like some peace to come to terms with the final dismantling of our home, AND I would like to take our chosen items.

I know the Letter is not legally binding. The solicitor did say that we'd have a good chance if it went to court. How should I proceed?

getmore4less

What's done is done, the will is what it is equal shares of everything.

How much is the disputed stuff worth?

Might be simple to just buy the stuff off the estate and get a 1/4 back.

Its taken two years, I would have removed what I wanted a lot sooner than 2 years.

when was the grant obtained?

What is happening to the house?

Has it been lived in?

How have the running costs mounted up compared to the value of the disputed contents?

TBagpuss

Have you had the contents valued? Unless your dad had a lot of very expensive home contents it's unlikely that there is much of significant financial value, so the way forward may to to get a valuation done and then anything which is of value, offer to buy those items for the estate.

Also - are the solicitors acting for the executors or are they separate solicitors whom your siblings / half-siblings have instructed?

Have the others given any reason for their actions? If they believe that the items you want have a significant value, for instance?

Woolington

How much is the disputed stuff worth?

very little - lots of clapped out brown Victorian furniture - but very sentimental to me in particular

when was the grant obtained?

December 2019

What is happening to the house?

it's on the market - just gone on, but will sell very quickly

Has it been lived in?

not for 2yrs

How have the running costs mounted up compared to the value of the disputed contents?

I don't know. The solicitor pays the bills. It shouldn't be much as the heating's been off most of the time

Woolington

Have you had the contents valued? Unless your dad had a lot of very expensive home contents it's unlikely that there is much of significant financial value, so the way forward may to to get a valuation done and then anything which is of value, offer to buy those items for the estate.

no no valuation, it was just going to be auctioned. Dad would be very sad to think his wishes were being overruled. I'm quite miffed as well - I've put my heart and soul into the clearing.

Also - are the solicitors acting for the executors or are they separate solicitors whom your siblings / half-siblings have instructed?

Have the others given any reason for their actions? If they believe that the items you want have a significant value, for instance?

same solicitor for us all. A probate solicitor that sort of mediates. The person complaining the most was missed out of the Wishes - nothing to do with me! It's revenge!

Thank you for the valuation idea. Blimey tho! what's the point of Letters of Wishes? I cleared the house on the strength of it.

Woolington

We buy for our house at auction all the time. I think they're going to be surprised at how little items make, and that's before the auction house take their commission. It'll be very low hundreds altogether.

xylophone

Blimey tho! what's the point of Letters of Wishes?

Generally speaking, they are used where there is a bequest into Trust where the Testator wants to guide the Trustees - however, they are not legally binding and in one I've seen only the other day, (drawn up by the solicitor who drafted the will), there is a formal acknowledgement of this by the Testator.

In your case, it would have been easier for one and all if Dad had bequeathed all personal and household effects to John and Mary (he could have stated the reason), with everything else to the four children in equal shares.

As things stand, although one beneficiary is being awkward long after the event, he does have a case but as for taking it to court......just imagine the expense and just for brown furniture, however great the sentimental value.

As above, value what remains - you and your brother take your share "in kind" with a balancing payment to the steps if required?

Malthusian

Woolington wrote: »

Thank you for the valuation idea. Blimey tho! what's the point of Letters of Wishes? I cleared the house on the strength of it.

Absolutely none if any of the beneficiaries go legal. They are filled out in the hope that the beneficiaries respect the testator's wishes. Anything that you want to happen even if some of the beneficiaries don't like it goes in the Will.

As others have said, valuing the items you want to take and buying them off the estate seems the simplest way forward and meets everyone's objectives. Except that you get slightly less of your share of the residual estate, which may be trivial.

Woolington

Thank you Xylophone! if the complaining stepsibling takes it to court, would that come out of the estate? or would they have to pay?

The 'in kind' part is genius! sort of like wages for the work I've done. If I just take the items at a convenient time would that be stealing or taking what's owed according to the Letter of Wishes? it does say that it gives us first choice of items, but it's no more specific than that. The stepsiblings are simply ignoring its existence, despite one stepsibling having put it in motion, and his wife drafting the dictation. What a con!

Re. making a will, which I'll be doing soon, do you recommend NOT using Letters of Wishes? Is it more fail safe to put every instruction in a will?

Woolington

Thanks Malthusian! The principled part of me wishes they would go legal! I can't stand injustices! The solicitor says it'd be hard for them to win... money seems to have just gone out of the window with them - this dispute has months of arguing and mediation from the solicitor.

Your valuation suggestions are all the same - so hopefully that will satisfy them, if the consensus is that that's fair.

Will an auctioneer value the items? do they have to go to auction or can they be bought without having to bid on them at auction? will he still take his commission?

xylophone

if the complaining stepsibling takes it to court, would that come out of the estate? or would they have to pay?

It would depend on the view of the court - it could be said that as the LoW is not binding on the executors, and one or more of the beneficiaries has legally objected to what has been done with the goods and chattels, the estate should pay.

On the other hand, on the basis that after tacit (or even voiced) acceptance of the arrangements, an objection was lodged long after they were set in motion, the court might take the view that the litigation was vexatious and require the complainant to pay.

With regard to the question of LoW, they can be useful for discretionary Trustees where beneficiaries make objections to actions taken under discretionary powers - other than that, it seems to me far simpler for Testators to make absolute gifts.