Inheritance issue

McJR82

In regards to this issue, what do I do about my children?
They're all minors (under 10) and don't have any official IDs, just their birth certificates. As I'm also doing this for them, are their birth certificates enough proof for them? They aren't british citizens but I am on their birth certificates, they do live with me etc.

McJR82

JGB1955 said:

Just a thought - you're not a residual beneficiary are you? Could it be that there is no residual estate to distribute?

I'm named as receiving both a specific cash gift and an equal share of any residual estate that may be left after everything is done.

xylophone

a residual beneficiary are you?

A residual beneficiary has a right to a copy of the estate accounts.

xylophone

In regards to this issue, what do I do about my children?
They're all minors (under 10) and don't have any official IDs, just their birth certificates. As I'm also doing this for them, are their birth certificates enough proof for them? They aren't british citizens but I am on their birth certificates, they do live with me etc.

It is irrelevant that they are not British citizens.

What may be relevant  is the wording of the will in regard to their bequests - what exactly does it say?

Do the bequests indefeasibly vest in your children? For example, "the residue of my estate to such of my great grandchildren as are alive at  my death"?

Or, for example, the residue of my estate to such of my great grandchildren as are alive at my death and reach the age of twenty five years? In this case, the bequest does not indefeasibly vest - any individual great grandchild has no absolute right to any share unless he reaches the age of 25 - the  Exor/Trustees of the will would have to hold the bequest until such time as the contingency was fulfilled - if any prospective beneficiary dies before age 25, his share would remain in the Trust to be divided among those who survived.

You could supply certified copies of their birth certificates  and confirm that they were living at the date of death of the testator.

TW1234

It is the executors who are responsible for following the will; if they have sought help and engaged a solicitor, the solicitor cannot advise, represent or directly assist another party, even if the executors are not behaving correctly.
You should address your concerns directly to the executors and copy in their solicitor. As residuary beneficiary demand your copy of the accounts. If they do not comply, you will need to decide the benefits/cost balance to progress the matter, but could obtain  30 mins free advice from a solicitor.

pphillips

McJR82 said:

The receptionist has told me the solicitor involved says that because she's working for my "Grandmother" (who is deceased) that having any contact with me would be a conflict of interest as I am trying to make a claim against her estate. They refuse to acknowledge I am a named beneficiary. I had the receptionist take down my contact details (although they can always say they did no such thing I guess). I'll be following pphillips recommendation and sending them a letter with certified documents.

Does anyone know what they mean by conflict of interest? I thought it was required of them to talk to beneficiaries and let them know what's going on.

Defining conflict of interest works best by giving an example. Say for example that a business invoices the estate for a sum of money, the estate may want to settle the debt but what if the beneficiaries disagree and think it should be disputed. You therefore have a conflict of interest because the beneficiaries and the estate both want different outcomes.

Malthusian

pphillips said:

McJR82 said:

The receptionist has told me the solicitor involved says that because she's working for my "Grandmother" (who is deceased) that having any contact with me would be a conflict of interest as I am trying to make a claim against her estate. They refuse to acknowledge I am a named beneficiary. I had the receptionist take down my contact details (although they can always say they did no such thing I guess). I'll be following pphillips recommendation and sending them a letter with certified documents.

Does anyone know what they mean by conflict of interest? I thought it was required of them to talk to beneficiaries and let them know what's going on.

Defining conflict of interest works best by giving an example. Say for example that a business invoices the estate for a sum of money, the estate may want to settle the debt but what if the beneficiaries disagree and think it should be disputed. You therefore have a conflict of interest because the beneficiaries and the estate both want different outcomes.

That's not a conflict of interest, that's a disagreement. In that case both the estate and the beneficiaries have the same interest - to maximise the estate value - but the beneficiaries think that can be done by not paying the invoice and the executors think that can be done by not wasting money on legal fees / interest / penalty charges trying to wriggle out of a valid debt.

A conflict of interest would be if an executor had painted the deceased's house before their death and issued an inflated invoice to the estate. In this case there is a conflict between their interest as executor (to reduce the bill) and as creditor (to get paid in full).

The refusal to communicate is not a conflict of interest issue, it is backside-covering (potentially very flimsy backside-covering if the OP's facts are correct but backside-covering nonetheless). If, as the OP alleges, the solicitors failed to distribute the estate in accordance with the Will they are liable for the OP's loss. They have gone into their shell until they figure out what has happened, how much crap they are in and what they are going to do about it. Meanwhile they are not going to talk to the OP in case they dig themselves into a deeper hole.

The receptionist is probably not legally trained and is using "conflict of interest" as an incantation, i.e. a set of magic words that is supposed to make the OP go away if they chant it. Not an actual legal reason that the solicitor can't speak to the OP.

xylophone

The role of the solicitor is not  clear.

We are told that the executors instructed a solicitor to assist in dealing with the estate.

 (a) It may be that this assistance consisted solely of obtaining probate.

 (b) It may be that the assistance included distribution of the estate.

Whichever of the above is the case, what does not change is the fact that it is the executors  who are the solicitor's clients and it is to them that she is answerable.

If (a) is the case, then the solicitor will simply have passed on the  Grant to the executors and her  responsibility ended there.

She can quite legitimately  tell the OP that she cannot discuss her clients' business with her.

In the case of (b), the position is less clear cut in so far that as beneficiary and particularly as a residual beneficiary, the OP has the right to certain information.

The solicitor could therefore be in a dilemma - her primary responsibility is to her clients - nevertheless, if she has been instructed to deal with the distribution of the estate, then as above, the beneficiaries have certain rights so that she could claim that there is a conflict of the interests of her clients ( right to confidentiality etc) and those of the beneficiaries (right to certain information).

In the circumstances all the OP can do for the moment is to  write to both the solicitor and the executors - if she gets no satisfaction from either, then it is time to take legal advice. 

If she and her children by deliberate omission have not received what is properly due, then she sues the executors or their agent  as appropriate and claims costs against one or all?

TBagpuss

OP, you mention that your grandmother passed away 'a few months ago'. It is entirely possible that the estate has not yet been finalised and that it is too soon for any money or assets to be distributed, or for the estate accounts to have been completed. If the situation is that their client, the executor, has instructed them not to get involved in a lot of correspondence (which is actually a legitimate thing to do bearing in mind that any correspondence etc will add to the costs, which will come out of the estate)

It would be sensible for you to write to the solicitors, sending certified copies of proof of your ID and address, and confirming that you have had sight of the will and re aware that as a residuary beneficiary you are entitled to see the estate accounts.

Ask when they anticipate that the accounts will be available and ask them to confirm whether they are dealing with the estate or whether they were dealing with the grant of probate only and you should contact the executor directly with regard to the distribution of the estate and receipt of the estate accounts. 

If you are concenred that your mother will try to avoid complying with th the terms of the will then you could also write separately to your mother, (cc-ing the solicitor if you wish) to state that you have seen the will and are aware of the legacies left to you and your children, that you are concerned becauseyou have been told by other family members that she has stated she will ignore these and reminding her that she has a legal obligation to administer the will and distribute in accordance with the terms of the will, and will be personally liable if she fails to do so. 

McJR82

Update on this.
I followed the earlier advice and got confirmation the solicitor is assisting with the estate but not handling distribution of it, they still said I should send anything to them. I've since sent the executors and the solicitor a signed for letter each stating that I am aware myself and  my children are beneficiaries, requesting the information that I'm entitled to and of course the inheritance, I included certified proof of ID, birth certificates of the children, bank details and a copy of the will itself and grant of probate.
On receipt of the letter the executor signed for it as "bin it" but gave their name (so I know who it was); I assume they've binned it without opening it. The solicitor's receptionist signed for it at their place of business and I've yet to hear anything.
As it seems likely they're going to just keep pretending myself and my children don't exist, where do I go from here?
Hire a solicitor and potentially burn through the inheritance?
It's really an open and shut case since myself and my children are specifically named so it's really just a waste of everyone's time and money but I'm not sure what else I can do. I am a survivor of childhood abuse by one of the executors, so this runs deeper than just greed on their part and mine; they really can't stand that my Grandmother would include us in the will and I refuse to allow them to "win".