Sons inheritance

Mands

lottieholder said:

His fathers 2nd wife is the executor and and trustee and is insisting on the proof. She isn't particularly fond of my exes first family.

The will says "I DECLARE that if at my death a Restraint Order prohibiting disposal of assets issued by XXXXXXXX Crown Court on the XXX, of AXXXX, 2011 against my son the said XXXX XXXXXX XXXXXXXX has not been discharged my Trustees shall treat my said Son as having failed to survive me when executing the provisions of this Will."

My son is just coming out of a very bad stage of his life involving the break-up of a long term relationship and is homeless (sofa surfing) and broke.  Helping him has left me in somewhat dire straits financially.  He is self employed and only just getting back to work.  His ex destroyed his phone, laptop, passport and Driving Licence amongst other things.  He is having trouble replacing his DL and passport which he needs to be able to access his bank account.  She did get all paperwork re-addressed to my house.  He has a tax refund that he can't cash but would help enormously.

The Court isn't local to us.

Is this the same ex that forced him to go bankrupt in prison? No reason for asking other than curiosity. Two awful ex's or one horrendous one that has done multiple awful things.

Being practical: does he have an idea of how large the inheritance is? That should allow him to figure out how much effort to put into this. If it's 5k then maybe he doesn't mind so much, if it's 500k then it's worth him taking a week off work and traveling to the non-local court. Conversely, in his financial position it sounds like 5k would make an enormous difference to his life.

If he can't get the evidence required who does his share go to instead? If it's his siblings would they be prepared to hand it over to him regardless? 

Spendless

I'd say do this in baby steps. That's a good point that someone may have had your son's contact details from his last phone number saved. Don't you have anything on your own phone that would likely be your son's previous phone number. If no joy let your son ring the customer services department for replacing his driving licence - maybe that would be easier first. The once he has photo ID, he can apply for a bank account get the tax refund paid into it and that will give him the money to travel for these appointments in order to receive his inheritance. It must seem overwhelming at the minute but breaking down into small bites might help.  

TBagpuss

Given the new rules about voting it might be worth his applying for a voter authority certificate https://www.gov.uk/government/publications/apply-for-a-voter-authority-certificate-by-post-if-youre-living-in-the-uk which I think will create a form of photo ID. Since they are new, banks may or may not immediately accept them but give that they are government issued I would think they are likely to.

He can apply by post for a replacement driving licence (he could do it online if he knew his passport number and if the passport was in date but destroyed, but I assume he's not in that position) 


So far as the order is concerned, he could try e-mailing again, explaining that he has been told verbally that the order is no longer in fore but needs written confirmation , that he is willing to make an appointment to come in to collect his byut is struggling to arrange this particularly as he is in work and cannot easily take time off, and ask whether it is possible for a copy to be sent to him.

I am confused as to why an appointment is necessary, court orders are generally public documents so as long as they can identify the order the he shouldn't need to go. (as it isn't something that would only be possible to give to him having checked his ID.

It might be worth his asking in an e-mail for clarification as to what, specifically is needed and why, and how he can obtain proof it is not longer in force if he is not able to physically come to the court. It is possible that there is a miscommunication about exactly what he is asking them to provide .

lottieholder

OK. Update.  It’s been an uphill struggle but his new passport is on it’s way.  When we get that he can get his Driving Licence.  He’s managed to get the proof that the restraint order is no longer in force.  Now his stepmother is saying she’ll “think about” letting him have the inheritance. I don’t think she’s got that choice.

Mands,  No, different ex.  The first one was 12 years ago. 

RAS

I assume that you have downloaded the grant and will from the gov.uk site, so you know roughly how much he should inherit. It costs £1.50.

But is rather clunky since improved recently. If you have a long surname, then with Smi rather than Smithson

Spendless

Is stepmum sole executor?  

lottieholder

Spendless said:

Is stepmum sole executor?  

No.  But the other one has his own problems at the moment as his wife is terminally ill.

lottieholder

Update.  Children's stepmother has paid out to my son's siblings and has also split my youngest son's inheritance to them.  My daughter has paid all of youngest son's inheritance over to him (in my account).  Oldest son has paid part over to me but said he shouldn't have all of it until he complies with the conditions in the will, and may not pay it over anyway as he doesn't think he deserves it.  Youngest son went to the sheriffs office to find out if the restraint order was still in place and they wanted £800 to release the information.  I have found a box in a cupboard that has the restraint order info and that it was resolved in less than 4 weeks.  My daughter is unwilling to help as she thinks it's my fault I didn't know about the paperwork.  I don't really pry into my childrens lives and assumed it was private correspondence between him and his fiance at the time.  He has broken his leg in two places a week ago.  We have an appointment to buy him a static caravan home next week.  The idea was that we would buy the home (only available between March and October) and as an electrician he would save money to rent somewhere until next spring.  We have enough to get the caravan but without the extra money owed from his dad's will he will struggle.  My son wants me to ask my daughter for a loan but although I know she would probably give it I hate asking for help.  The benefits agency have given him £321 a month to live on.

Spendless

I hope some one can reply who is more knowledgeable but surely the executor/s have  to comply with the will and that didn't say pay out to the other siblings instead?  

In which country did his Dad live? The info might help with replies. 

macman

The executors are legally required to discharge the debts and then distribute the estate according to the terms of the will. There's no options to deviate from those terms.