Complicated, but advice needed

JollyLady

ames1010 said:

Jolly lady this all sounds stressful but the main thing is you have a will and as one of the executors you can refer to it if family tensions build. What has your son said about a possible inheritance for the other grandson? Is he willing to put some of his inheritance money towards his ‘son’  because as you said, the £20,000 left by your mother was for the other two grandchildren? Have I got that right or did your mum mean all three? 

The last poster mentioned putting in a claim against the bankruptcy administrators so that is definitely something ugh could look into on Monday. 

Mind is a very good charity to look at online and sign up to so please consider this although I know you are receiving some help. It’s all so stressful and worrying for you, but you can do this and you will feel better soon. I know how it feels with the pressures and stress of these situations.  

Bankruptcy administrators?Must have mixed up posts love, very far from that. Think I am more competent, and am actually working everyday, to help confusion, just hard with the complex situation. 

Family stress already built, on 21st March A rang me and told me to go die and do us all a favour. My son

Need to makemy own will, at this moment all will be going to J, and C. My children, A and Z are fools right now. I would do anything for them, but losing so many elders and Jonny is the shocker. He was only 29, went so suddenly 

ames1010

sorry, someone mentioned about filing a complaint regarding the investment your mum had made? Sorry if  I read that wrong. 

You are going through such a tough time xxxx 

ames1010

She lost a 70k investment to London Capital and Finance in the months before her death, 

.

This was the part that someone gave advice on regarding putting in a claim 

Marcon

JollyLady said:

Brynsam said:

JollyLady said:

Have approached the solicitor who wrote the will, and he just rants at me that the will has to be executed within the words of the law, whilst realising he made a big error in the wording

Solicitors aren't much given to ranting. Has he acknowledged that he made a big error in the wording, as you suggest, or are you just assuming that? If he followed the instructions he was given by his client, there is no error and he is entirely correct that the will needs to be executed as it stands unless one or more parties are prepared to give up part of their inheritance in favour of others.

He did rant. He did acknowledge his lack of understanding of the family situation. I am not assuming. I went to clarify it with him and then he ranted, as he had no knowledge of the step grandson. It was at that point that he realised his error. My son only got with this lady, and her two girls, on Facebook, eve of mum's funeral. She/they have nothing to do with mum's will, in fact mum would be horrified

If he had no knowledge of the step-grandson, that's hardly his error. Why wasn't he told? His 'lack of understanding of the family situation' is down to poor instructions from the client.

JollyLady

ames1010 said:

sorry, someone mentioned about filing a complaint regarding the investment your mum had made? Sorry if  I read that wrong. 

You are going through such a tough time xxxx 

Ames, missed that comment, but it is so true. Expected 25% of the initial investment back. It is in administration. Had looked at no win no fee solicitors, but no real clue why she sent a cheque for 70k to a company in London in August 2018. My son posted the cheque, as they were doing it especialy for her. They went into admin 4 months later. That is when she went downhill.
She had worked as a civil servant in national savings all her life, becoming an expert in premium bonds. ERNIE was where she worked, close to us in Blackpool.

 My son had asked that we took the laptop off her, unfortunately too late. She had already lost the 70k. We didn't know until she passed, but she got the letter in the April, and went downhill mentally suddenly. We just wish she had told us, as it didn't matter to us. Me and my son sat holding her hand as she died. We just wanted to tell her it did not matter

JollyLady

Marcon said:

JollyLady said:

Brynsam said:

JollyLady said:

Have approached the solicitor who wrote the will, and he just rants at me that the will has to be executed within the words of the law, whilst realising he made a big error in the wording

Solicitors aren't much given to ranting. Has he acknowledged that he made a big error in the wording, as you suggest, or are you just assuming that? If he followed the instructions he was given by his client, there is no error and he is entirely correct that the will needs to be executed as it stands unless one or more parties are prepared to give up part of their inheritance in favour of others.

He did rant. He did acknowledge his lack of understanding of the family situation. I am not assuming. I went to clarify it with him and then he ranted, as he had no knowledge of the step grandson. It was at that point that he realised his error. My son only got with this lady, and her two girls, on Facebook, eve of mum's funeral. She/they have nothing to do with mum's will, in fact mum would be horrified

If he had no knowledge of the step-grandson, that's hardly his error. Why wasn't he told? His 'lack of understanding of the family situation' is down to poor instructions from the client.

You really are not understanding, the 'step' grandson is the eldest. If the solicitor has no knowledge, it is because he did not probe deep enough,when writing the will. There was only this boy and his brother, my grandson, at the time, not hard to make clear.

For instance, my mother shouted at me that she had a son in law, years after I told her she didn't, as I was divorced from him. Therefore she does not have a son in law. My ex father in law was lovely. 

Linton

To rephrase what others have said ...
You as executor must follow the exact wording of the will, you have no choice. Your views on what should happen or what Mum really wanted are irrelevant. But any beneficiary can effectively change the wording of the will so that their inheritance is fully or partially reallocated to someone else through a Deed of Variation. No-one including the executor has the right to disadvantage someone else.
So as an executor and a beneficiary you are fulfilling two completely separate roles. When doing or saying anything you need to be clear which hat you are wearing. Hopefully if you approach the situation in this way there should be no reason for ill-feeling or argument, each beneficiary can do what they want.

onwards&upwards

It sounds very much like you know what you want to do, so what advice are you looking for here? 

I hope your poor daughter is getting some emotional support, I can't even imagine what she's going through right now.

sheramber

It is not a solicitor's job to probe into family  relationships. 
His job or to write a will carrying out th wishes of his client.
Your mother signed the will as correct.
Your job is to execute the will as written , not as you  or anybody else thinks it should have been written.
Any money given to the stepson is a private arrangement  between the parties who can pass on some of their inheritance to him.

Tealblue

JollyLady said:

Marcon said:

JollyLady said:

Brynsam said:

JollyLady said:

Have approached the solicitor who wrote the will, and he just rants at me that the will has to be executed within the words of the law, whilst realising he made a big error in the wording

Solicitors aren't much given to ranting. Has he acknowledged that he made a big error in the wording, as you suggest, or are you just assuming that? If he followed the instructions he was given by his client, there is no error and he is entirely correct that the will needs to be executed as it stands unless one or more parties are prepared to give up part of their inheritance in favour of others.

He did rant. He did acknowledge his lack of understanding of the family situation. I am not assuming. I went to clarify it with him and then he ranted, as he had no knowledge of the step grandson. It was at that point that he realised his error. My son only got with this lady, and her two girls, on Facebook, eve of mum's funeral. She/they have nothing to do with mum's will, in fact mum would be horrified

If he had no knowledge of the step-grandson, that's hardly his error. Why wasn't he told? His 'lack of understanding of the family situation' is down to poor instructions from the client.

You really are not understanding, the 'step' grandson is the eldest. If the solicitor has no knowledge, it is because he did not probe deep enough,when writing the will. There was only this boy and his brother, my grandson, at the time, not hard to make clear.

For instance, my mother shouted at me that she had a son in law, years after I told her she didn't, as I was divorced from him. Therefore she does not have a son in law. My ex father in law was lovely. 

Solicitors aren't mind readers. You say your mother shouted at you that she had a son in law years after you told her she didn't, so goodness only knows what she told her poor solicitor. If she gave assurances that all material facts had been supplied, why would  he 'probe' any deeper?  It is for the client to confirm the position and if she did so, that was that.

Blaming the solicitor is a non-starter and I think in your heart of hearts you know that.