Understanding will

Waterlilly1

Had a phone call off my sister saying that I have been left some money in a will she is executor for, she said that 3 of us have been left 5k each with the remainder (a very very large amount) being shared between her and my father, I now have a copy of the will (obtained through probate search) and none of this is mentioned. 

3 of us are named as beneficiaries on the will (with no amounts) 

There is a trust fund mentioned with my sister and father as equal shares with "The Trustees shall pay or apply the remainder of the income to or for the benefit of any Beneficiaries, as the Trustees think fit" on it. 

My sister has a history of being economical with the truth, and with this also being my first experience with a will I really don't want to  stir up trouble, yet I'm doubtful of what she is saying at the same time. 

Any advice and help would be fantastic 

Mojisola

The exact wording matters a lot.

You could post that here (removing names and any other identifiers) but it could be worth getting advice from a solicitor.

Waterlilly1

Thats what it says 

Robin9

@Waterlily1

Are you sure thats' all it says.

Normally would start with "I xxxxxx being of sound mind .......................

....

I leave     etc

Mojisola

I would get that looked at by a solicitor and make sure you get a very plain language explanation of what the will means and, if necessary, a letter for the executors if they aren't interpreting it properly.

jlfrs01

I think it would be wise to ask your sister and father who the Solictors are appointed to manage distribution of the Estate because they would almost certainly keep a detailed set of accounts outlining all assets, liabilities and details of all beneficiaries along with what their individual allocation is. 

If they claim they didn't use one (which is possible), I would recommend you club together with any other beneficiaries you know of and ask a Probate Solicitor to look into the matter for you. It is usually a Solicitor who contacts beneficiaries directly 1:1 so the fact this is coming from your sister directly would suggest they've gone it alone, that is unless this is pre-Probate in which case a Solicitor will still be gathering information, etc.

Taking the official legal route will ensure you and any other beneficiaries know where they stand and having a Solicitor acting as go-between keeps the personal element out of it as you won't be directly involved.

ader42

Definitely get yourself some proper legal advice, but it sounds to me like point 6 is your problem and that they don’t have to give any beneficiary anything.

Be prepared for the trustees to suddenly decide actually they’re only going to give the benificaries £5 each. 

Keep_pedalling

That is a very strange will, defiantly take legal advice. 

Marcon

Keep_pedalling said:

That is a very strange will, defiantly take legal advice. 

It certainly is.

OP, any idea who drafted the will - I'm not asking for a name, just whether it was a solicitor or other professional? It looks as if it was either done professionally with particular objectives in mind(!) or it's a cut and paste DIY job.

Waterlilly1

Marcon said:

Keep_pedalling said:

That is a very strange will, defiantly take legal advice. 

It certainly is.

OP, any idea who drafted the will - I'm not asking for a name, just whether it was a solicitor or other professional? It looks as if it was either done professionally with particular objectives in mind(!) or it's a cut and paste DIY job.

It was done professionally, but 4 days before they died as they were in a care home in a bad way. 

It also has me down as a brother when I am nephew, unless I am reading something wrong.

I read it as 5.1 the trustees decide how much the beneficiaries actually get - is that actually a thing? 

RAS

Was the professional a solicitor or a will writing company?