Legal Rights

Df26

Hi

Looking for to see if any one had similar experiences. 
My father has passed away back in 2017. I have two sisters from my dad's first marige. My dad left the will only including my 2 sisters and I was left out. They got everything including house to share between them. 
I have started doing my own research and find out that both my sister's were exeturors for my father estate. They have reported to HMRC that my dad had only 2 children which is not true as there was 3 of us. Is this classed as fraud? 
I have a legal right to have a claim on the estate as a son. I have contacted the lawers who dealt with my dads estate back then, and waiting for them to come back to me. 

Does anyone has any advice? 

Thanks 💙

naedanger

Df26 said:

Hi

Looking for to see if any one had similar experiences. 
My father has passed away back in 2017. I have two sisters from my dad's first marige. My dad left the will only including my 2 sisters and I was left out. They got everything including house to share between them. 
I have started doing my own research and find out that both my sister's were exeturors for my father estate. They have reported to HMRC that my dad had only 2 children which is not true as there was 3 of us. Is this classed as fraud? 
I have a legal right to have a claim on the estate as a son. I have contacted the lawers who dealt with my dads estate back then, and waiting for them to come back to me. 

Does anyone has any advice? 

Thanks 💙

Did your father live in Scotland?

If so then you have done the right thing by contacting the solicitors from that time. However you should also contact the sisters, in their capacity as executors, and tell them you wish to claim your legal rights, and also ask them for a copy of the estate accounts . (The deadline for claiming legal rights is 20 years, so you have plenty of time to sort this out.)

I doubt telling HMRC that your father only had two children will count as fraud (since the true situation won't affect the estate's tax position), but is probably a separate offence of giving false information to HMRC. However I doubt they will be that concerned. 

Do you have any idea of the amount of money in the estate excluding the property (since you have no legal right to any share of the house)?

All this assumes your father lived in Scotland, since I don't think you have any legal rights if he lived in England or Wales. PS have you seen the Will? (I also assume you believe you were deliberate excluded.)

Marcon

Df26 said:

Hi

Looking for to see if any one had similar experiences. 
My father has passed away back in 2017. I have two sisters from my dad's first marige. My dad left the will only including my 2 sisters and I was left out. They got everything including house to share between them. 
I have started doing my own research and find out that both my sister's were exeturors for my father estate. They have reported to HMRC that my dad had only 2 children which is not true as there was 3 of us. Is this classed as fraud? 
I have a legal right to have a claim on the estate as a son. I have contacted the lawers who dealt with my dads estate back then, and waiting for them to come back to me. 

Does anyone has any advice? 

How do you know they reported that to HMRC?

If you're in Scotland, then wait to hear back from the lawyers.

If you're in England and Wales, there is no equivalent 'legal right'. If probate was granted more than 6 months ago (seems likely, given your father died in 2017), you're far too late to make any sort of claim under the Inheritance Act, but proving financial need/expectation is never straightforward, so don't kick yourself for missing the boat if so.

Keep_pedalling

Marcon said:

Df26 said:

Hi

Looking for to see if any one had similar experiences. 
My father has passed away back in 2017. I have two sisters from my dad's first marige. My dad left the will only including my 2 sisters and I was left out. They got everything including house to share between them. 
I have started doing my own research and find out that both my sister's were exeturors for my father estate. They have reported to HMRC that my dad had only 2 children which is not true as there was 3 of us. Is this classed as fraud? 
I have a legal right to have a claim on the estate as a son. I have contacted the lawers who dealt with my dads estate back then, and waiting for them to come back to me. 

Does anyone has any advice? 

How do you know they reported that to HMRC?

If you're in Scotland, then wait to hear back from the lawyers.

If you're in England and Wales, there is no equivalent 'legal right'. If probate was granted more than 6 months ago (seems likely, given your father died in 2017), you're far too late to make any sort of claim under the Inheritance Act, but proving financial need/expectation is never straightforward, so don't kick yourself for missing the boat if so.

The number of children go on the probate / confirmation forms (HMRC are not interested) so it will be in the public domaine .

Df26

naedanger said:

Df26 said:

Hi

Looking for to see if any one had similar experiences. 
My father has passed away back in 2017. I have two sisters from my dad's first marige. My dad left the will only including my 2 sisters and I was left out. They got everything including house to share between them. 
I have started doing my own research and find out that both my sister's were exeturors for my father estate. They have reported to HMRC that my dad had only 2 children which is not true as there was 3 of us. Is this classed as fraud? 
I have a legal right to have a claim on the estate as a son. I have contacted the lawers who dealt with my dads estate back then, and waiting for them to come back to me. 

Does anyone has any advice? 

Thanks 💙

Did your father live in Scotland?

If so then you have done the right thing by contacting the solicitors from that time. However you should also contact the sisters, in their capacity as executors, and tell them you wish to claim your legal rights, and also ask them for a copy of the estate accounts . (The deadline for claiming legal rights is 20 years, so you have plenty of time to sort this out.)

I doubt telling HMRC that your father only had two children will count as fraud (since the true situation won't affect the estate's tax position), but is probably a separate offence of giving false information to HMRC. However I doubt they will be that concerned. 

Do you have any idea of the amount of money in the estate excluding the property (since you have no legal right to any share of the house)?

All this assumes your father lived in Scotland, since I don't think you have any legal rights if he lived in England or Wales. PS have you seen the Will? (I also assume you believe you were deliberate excluded.)

We all living in Scotland ( including my father).
I have a copy of will and confirmation including inventory from Sheriff Court Office. 
I know from confirmation that she only reported 2 children. 

Df26

Marcon said:

Df26 said:

Hi

Looking for to see if any one had similar experiences. 
My father has passed away back in 2017. I have two sisters from my dad's first marige. My dad left the will only including my 2 sisters and I was left out. They got everything including house to share between them. 
I have started doing my own research and find out that both my sister's were exeturors for my father estate. They have reported to HMRC that my dad had only 2 children which is not true as there was 3 of us. Is this classed as fraud? 
I have a legal right to have a claim on the estate as a son. I have contacted the lawers who dealt with my dads estate back then, and waiting for them to come back to me. 

Does anyone has any advice? 

How do you know they reported that to HMRC?

If you're in Scotland, then wait to hear back from the lawyers.

If you're in England and Wales, there is no equivalent 'legal right'. If probate was granted more than 6 months ago (seems likely, given your father died in 2017), you're far too late to make any sort of claim under the Inheritance Act, but proving financial need/expectation is never straightforward, so don't kick yourself for missing the boat if so.

I have a copy of confirmation from Sheriff Court. 
We all live in Scotland. 
Thanks for your reply 👍

Df26

How about the inventory? 
I have a copy if it and is missing loads of staff. My father had a collection of valuable items and inventory only reported it £250 where my father knew they were close to at least £4000. 
Also I know that pension is not part of the estate but thy took share if £8500. Possible reported that there's only 2 of them. 

Keep_pedalling

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Df26

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

Keep_pedalling

Df26 said:

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

Well you are certainly entitled to claim at least £1000 more if those collectibles are really worth £4000 (although people often overestimate the value of collects). I would write to the executors informing them that they have failed to notify you of you legal rights and that you wish to claim your share of the movable assets. You could also add that you believe they have deliberately under values the assets, and are making a claim for 1/3 of x amount. Tell them that if the fail to meet your claim within 14 days that you will be taking legal action against them.

As your claim is going to be under £5000 you can pursue this though the Scottish small claims procedure so you don’t need to use a solicitor for this.

https://www.scotcourts.gov.uk/taking-action/simple-procedure

Df26

Keep_pedalling said:

Df26 said:

Keep_pedalling said:

This is really going to come down to whether it is going to be worthwhile you pursuing your share of his movable assets. Apart from the collectibles how much are we talking here?

Movable estate £3000 in total reported on inventory. 

Well you are certainly entitled to claim at least £1000 more if those collectibles are really worth £4000 (although people often overestimate the value of collects). I would write to the executors informing them that they have failed to notify you of you legal rights and that you wish to claim your share of the movable assets. You could also add that you believe they have deliberately under values the assets, and are making a claim for 1/3 of x amount. Tell them that if the fail to meet your claim within 14 days that you will be taking legal action against them.

As your claim is going to be under £5000 you can pursue this though the Scottish small claims procedure so you don’t need to use a solicitor for this.

https://www.scotcourts.gov.uk/taking-action/simple-procedure

Thank you very much for this.