Querying a Will

RubRonCon

I have always been close to my Aunt and indeed my Uncle. We would go shopping or to the hairdressers or just a chat over a cup of tea.

They told me I was a beneficiary of their Will for £5k and showed me where they kept it. They had fallen out with their daughter in law several years before which made it difficult for their only son to visit. So I dealt with some of their fiances like insurances.

When my Uncle died two years ago, my cousin and his wife moved into their house, got power of attorney for my Aunt and made a new Will. They moved my Aunt into sheltered accommodation close by.

On one visit my Aunt showed me the receipt from the solicitors and her new Will with my name removed. I didn't say anything at the time for fear of upsetting her and I didn't think it was important enough as my Aunt was getting confused.

Sadly she passed away last June and I am now thinking of approaching my cousin to let him know I am aware I was a beneficiary. I know the new Will is correct and that legally I am not entitled to anything but just wondered if morally I am.

McKneff

You were a beneficiary but not in the new will. 
Not a lot you can do.

Hoenir

Have you checked the probate registry for definitive confirmation.........

https://www.gov.uk/search-will-probate

Best to let matters rest if you weren't named. 

Marcon

RubRonCon said:

I have always been close to my Aunt and indeed my Uncle. We would go shopping or to the hairdressers or just a chat over a cup of tea.

They told me I was a beneficiary of their Will for £5k and showed me where they kept it. They had fallen out with their daughter in law several years before which made it difficult for their only son to visit. So I dealt with some of their fiances like insurances.

When my Uncle died two years ago, my cousin and his wife moved into their house, got power of attorney for my Aunt and made a new Will. They moved my Aunt into sheltered accommodation close by.

On one visit my Aunt showed me the receipt from the solicitors and her new Will with my name removed. I didn't say anything at the time for fear of upsetting her and I didn't think it was important enough as my Aunt was getting confused.

Sadly she passed away last June and I am now thinking of approaching my cousin to let him know I am aware I was a beneficiary. I know the new Will is correct and that legally I am not entitled to anything but just wondered if morally I am.

I think the fact your aunt showed you the new will to ensure that you'd know you were no longer a beneficiary says it all. You say you 'didn't say anything at the time', but what would you have said? It was her will and her right to leave money to whomever she pleased.

You don't have a legal right and given the above, I don't think you have any sort of 'moral right', however unpalatable that might be.

penners324

You could challenge the will in court.

Could be a very expensive option though 

atush

I'd mention it to her son, that you know they removed you.  And do nothing about it.  Not like you and he are friends.

BooJewels

RubRonCon said:

[snip]

When my Uncle died two years ago, my cousin and his wife moved into their house, got power of attorney for my Aunt and made a new Will. They moved my Aunt into sheltered accommodation close by.[snip]

Just for the record - I hope that you're not suggesting/thinking that they wrote a new Will under their powers as Attorneys - or influenced the contents? As this is definitely one power an Attorney does not have - it's actually printed on the LPA document. 

If the Will was drawn up by a solicitor, the lawyer would no doubt have seen your aunt alone and ensured that she wasn't acting under any influence and her Attorneys wouldn't be allowed to be part of that process.  It regularly comes up here by excluded beneficiaries that Attorneys must have re-wrote Wills - but it is one thing that they certainly cannot do.

RubRonCon

Thanks you are all right. I don't think my Aunt was coerced into doing anything she didn't want to but she was slightly confused. The new will was done during covid and the my Aunt spoke to the solicitor over the phone and she says she was alone in her room. There is nothing legally I can do but is it worth falling out with my cousin over this, I just want him to know I know

Seasalt3

Just forget it

BooJewels

Even if your aunt got confused occasionally - as long as she was sensible enough for long enough, then the solicitor would have taken measures to satisfy themselves that she was fit to make a Will - maybe speaking to her more than once about it.

What is it that you're hoping to achieve?   Your aunt showed you her new will - so she was happy for you to know about the change.   If it was what she wanted, then I think that you have to respect her wishes and you'll be much happier yourself once you just let it go.  Festering about some perceived injustice won't bring you happiness and may do much more damage than it's worth. 

bluelad1927

RubRonCon said:

I just want him to know I know

Tell him then. What do you hope to achieve. It certainly doesn't sound that he will care what you tell him