Money grabbing relative!!!

mum2one

Loobysaver wrote: »

Thanks everyone for your replies.

My Gran only drew up a will about 6 months ago when her husband died. I don't know how much she spent but she went through a solicitor in town.

She mentioned just writing a letter stating that she wanted the amount deducted from the relative in the will, but I don't think that would be legally binding. If she brings it up again this week I'll try and see what she wants to do.

This just upsets me so much as I would never dream of a) borrowing that sort of money from a relative and/or b) borrowing it without being sure I could make the repayments.

Hi.

If she writes a letter it wont be legally binding, as she only wrote the will 6 mths ago, it may be worth ringing the same firm as the basis of the will would be the same Im sure that they may be able to sort something out.

Had good news today,I passed my certificate in Law.

margaretclare

mum2one wrote: »

Hi.

If she writes a letter it wont be legally binding, as she only wrote the will 6 mths ago, it may be worth ringing the same firm as the basis of the will would be the same Im sure that they may be able to sort something out.

Had good news today,I passed my certificate in Law.

Congratulations and best wishes for your future career!

Margaret

mum2one

margaretclare wrote: »

Congratulations and best wishes for your future career!

Margaret

Thank you. got another 4 yrs study with the OU, its a small step but a big confidence booster. x

ceridwen

I have an idea that if your relative attached a suitably-written letter to their will (codicil?) witnessed by 2 people that that would be valid as an alteration to the will.

Am not 100% sure on that one - but pretty sure - guess someone more up on the law will be along soon and could tell you. Meanwhile - its worth doing that unless and until you find out its necessary to take it any further - wont cost anything after all.

I am not legally-trained - but would find it very odd if someone couldnt do out a whole new Will if they wanted - even if they had only written out the last one the previous week (a lot can happen in just a week sometimes - like finding out your spouse has been unfaithful or a son/daughter has turned out to be a criminal or something). In either of those sample scenarios for instance I would be rewriting my Will - even if I had only done it the previous day!

k.louise_2

I had a similar experience. I lent my brother £5,000 -his house was nearly repossed too.This was over 3 yrs ago-not a sausage since-plus loads of lies.The galling thing is-there must be about £40,000 a yr going into the house-adult kids still at home-but its a big secret between me and him and I dont want to cause trouble.However I have lost all respect for him-he,s never once asked if I need it and we are both OAP,s.NEVER LEND TO RELATIVES.

Katmc2k

She can add a codicil or a cheaper option is a letter of wishes provided she has an informal writings clause in her Will which she probably will as it's fairly standard. Either way she should speak to the solicitor who wrote the Will in the first place and they will be able to advise her. Even if she doesn't do this her executors can apply to the court for a deed of variation once she has passed away if they feel she wouldn't have wanted a legacy to go to a particular person. So all in all there's no need to make a completely new Will but if she would prefer to her solicitor will be able to do it no problem, doesn't matter when the last one was made, it's just the most expensive option.

Bear in mind that close relatives cannot easily be written out of a Will (children and spouses especially) Sorry if you mentioned what relation he/she was but if they are your grandmother's child they will have a very good claim against her estate, Will or no Will.

Hope that was useful.

sare_2

Katmc2k wrote: »

She can add a codicil or a cheaper option is a letter of wishes provided she has an informal writings clause in her Will which she probably will as it's fairly standard. Either way she should speak to the solicitor who wrote the Will in the first place and they will be able to advise her. Even if she doesn't do this her executors can apply to the court for a deed of variation once she has passed away if they feel she wouldn't have wanted a legacy to go to a particular person. So all in all there's no need to make a completely new Will but if she would prefer to her solicitor will be able to do it no problem, doesn't matter when the last one was made, it's just the most expensive option.

Bear in mind that close relatives cannot easily be written out of a Will (children and spouses especially) Sorry if you mentioned what relation he/she was but if they are your grandmother's child they will have a very good claim against her estate, Will or no Will.

Hope that was useful.

Providing she is of sound mind when the will is written, it makes no difference
if the person is a grandchild.She can leave her money to whoever she wishes.

Nicki

When grandmother dies, surely the executors will collect in all debts owed before distributing the assets. If granny has left a letter saying that this beneficiary owes her £5,000 will this not be deducted from her legacy if she doesn't pay it before the estate is settled? I would check this out with the lawyer, as this would be much cheaper and easier than rewriting the will. If this doesn't work, as others have said it is possible to leave a codicil saying that this beneficiaries legacy is to be reduced by £5,000 in settlement of the debt, and this will be legally binding provided it is signed and dated by granny in the presence of two witnesses, neither of whom are beneficiaries in the will or codicil.

mum2one

It may just be easier to write a new will, as this leaves less chance in the future for any hassle in the future.x

Katmc2k

sare wrote: »

Providing she is of sound mind when the will is written, it makes no difference
if the person is a grandchild.She can leave her money to whoever she wishes.

Sorry, it turns out I was referring to the scots law of succession where close relatives can claim legal rights no matter what the will says. I have investigated and you're right, this doesn't exist in English law for testate succession. I'm not sure where the OP is based..?