Complicated, but advice needed

JollyLady

Tealblue said:

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.

I have not blamed the solicitor Tealblue, ~I have merely stated facts. It stands as it stands, but, yes, the solicitor did react badly, and I suspect he knew he had done something wrong. I have no energy or desire to bring him to account, but let's say, I won't be paying him to attend to my affairs. In the meantime I am grieving greatly for my mum and son in law. If I could only get one moment back with them 

JollyLady

Tealblue said:

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.

Tealblue said:

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.

Tealblue said:

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.

Tealblue said:

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.

Poor solicitor, my heart bleeds for him. Oh, pinch me, surely this is a highly paid profession with high expertise, or am I wrong, are we all fallible and that is ok? Ok to destroy a family by your lack of expertise?

JollyLady

onwards&upwards said:

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.

onwards&upwards said:

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.

onwards&upwards said:

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.

onwards&upwards said:

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.

onwards&upwards said:

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.

onwards&upwards said:

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.

JollyLady

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.

A member posted this comment. Unfortunately this website is full of bugs, so cannot reply sometimes.Of course my daughter is getting emotional support, why would she not, but you also missed off the 14 month old son of both. They will probably get more help than the people one step removed who are suffering from this loss

ReportQuote

JollyLady

I am trying to reply to comments, but cannot. Everything freezes. Seems an error in moderation. Will post when I can

JollyLady

onwards&upwards said:

naedanger said:

Well from what the solicitor said it sounds like the two-blood great grandchildren are each entitled to £10k.
Therefore if others want to see another step great grandchild inherit £10k (to equal the blood great grandchildren's share) then you could insist that they take this from their share.

I guess what I am about to say next you will not like, but I am actually saying for your benefit and not anyone else. If I was in your position I would ensure the step great grandchild was also given £10k. This cost of this should (provided your daughter agrees) be split equally between yourself your son, and  your daughter (as you three share the residual amount equally). Alternatively if your daughter won't agree I would split the cost equally between yourself and your son.

If just seems to me best to take a pragmatic decision and move on as quickly as possible. If you are getting a large inheritance then don't let it actually cause you harm when it should be a significant benefit.

I wouldn't ask the daughter to give up any of her inheritance, she is recently widowed with a young child, the money will be very useful to her I'm sure. 

The son and the OP should use their shares to provide for the step grandchildren. 

I am not sure you can be widowed if not legally married?

JollyLady

naedanger said:

onwards&upwards said:

naedanger said:

Well from what the solicitor said it sounds like the two-blood great grandchildren are each entitled to £10k.
Therefore if others want to see another step great grandchild inherit £10k (to equal the blood great grandchildren's share) then you could insist that they take this from their share.

I guess what I am about to say next you will not like, but I am actually saying for your benefit and not anyone else. If I was in your position I would ensure the step great grandchild was also given £10k. This cost of this should (provided your daughter agrees) be split equally between yourself your son, and  your daughter (as you three share the residual amount equally). Alternatively if your daughter won't agree I would split the cost equally between yourself and your son.

If just seems to me best to take a pragmatic decision and move on as quickly as possible. If you are getting a large inheritance then don't let it actually cause you harm when it should be a significant benefit.

I wouldn't ask the daughter to give up any of her inheritance, she is recently widowed with a long child, the money will be very useful to her I'm sure. 

The son and the OP should use their shares to provide for the step grandchildren. 

Good point. I think I was looking at it a bit too logically/clinically and forgetting the daughter's circumstances.

Interested as to why the money is more useful to the highest achiever in our family? Yes bereaved, but also she has time on her side, and a lot of support. Feels like backwards thinking. Also not sure if a widow when not legally married. 

onwards&upwards

JollyLady said:

naedanger said:

onwards&upwards said:

naedanger said:

Well from what the solicitor said it sounds like the two-blood great grandchildren are each entitled to £10k.
Therefore if others want to see another step great grandchild inherit £10k (to equal the blood great grandchildren's share) then you could insist that they take this from their share.

I guess what I am about to say next you will not like, but I am actually saying for your benefit and not anyone else. If I was in your position I would ensure the step great grandchild was also given £10k. This cost of this should (provided your daughter agrees) be split equally between yourself your son, and  your daughter (as you three share the residual amount equally). Alternatively if your daughter won't agree I would split the cost equally between yourself and your son.

If just seems to me best to take a pragmatic decision and move on as quickly as possible. If you are getting a large inheritance then don't let it actually cause you harm when it should be a significant benefit.

I wouldn't ask the daughter to give up any of her inheritance, she is recently widowed with a long child, the money will be very useful to her I'm sure. 

The son and the OP should use their shares to provide for the step grandchildren. 

Good point. I think I was looking at it a bit too logically/clinically and forgetting the daughter's circumstances.

Interested as to why the money is more useful to the highest achiever in our family? Yes bereaved, but also she has time on her side, and a lot of support. Feels like backwards thinking. Also not sure if a widow when not legally married. 

I can’t believe you are talking about your own daughter that way when she has just lost the father of her child!! 

I am so out of this thread, good luck to anybody who has dealings with you. 

elsien

JollyLady said:

Tealblue said:

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.

Tealblue said:

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.

Tealblue said:

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.

Tealblue said:

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.

Poor solicitor, my heart bleeds for him. Oh, pinch me, surely this is a highly paid profession with high expertise, or am I wrong, are we all fallible and that is ok? Ok to destroy a family by your lack of expertise?

If that's not blaming him then I'm not sure what is.
Destroying a family? Let's try not to get carried awsy here.
It was your mother's responsibility to check that the will said what she wanted it to before signing. 

Savvy_Sue

Linton said:

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.

Any ADULT beneficiary can do this. As you say, no-one has the right to disadvantage someone else, and under 18s cannot make a deed of variation, nor can anyone do one on their behalf.