Only getting half expected inheritance?

theDon876

I am doing this on behalf of a friend. I'm in Scotland.

His dad died 5 months ago, he's just just received the solicitors letter detailing the legal side including how much he will get. I assume this is the probate and it will be another 6 months from now when the estate is paid out?

Secondly, he expected both his brother and himself to get around £200k each that's what he was told months ago. In the letter it does show the estate was worth £400k but there's only £200k of this to be split equally between him and his brother, in other words he's getting 1/4 of the estate £100k.

His dad was in a care home for years so I assume half of the estate paid for this?

It's just that everything is halved, is there a law in Scotland that states you only have to pay half the estate worth to the care home?

Reaper

Is this the final pay out? One thought might be they are handing out the easily realisable funds first (eg cash, investments) and more will follow once the less liquid stuff is ready (eg property that need selling)

They may also be holding money back in case any inheritance tax needs to be paid.

Brie

I don't think there's a law anywhere stating half an estate has to be paid to a care home.  Unless of course there are a lot of bills outstanding.  

I believe that as beneficiary he's entitled to a financial statement of the estate so perhaps he can ask for an interim one?  He might find that there were a lot of bills that have surfaced and that the solicitors have had a lot of (expensive) work to do.  

gravel_2

I doubt it's relevant but in Scotland there is a succession law quirk whereby an estate is split into up to 3 parts - the children, the wife and the "deads" part. If there are no children and/or wife then the deads part increases. Strictly speaking the deads part is the only part that is subject to free testation by the dead. The children/wife can always claim their part.

Is it possible the brothers are NOT in the will and the father had other plans for his will? The solicitor could, although it would be unusual, be automatically assuming that the children would claim their part (in this case - a half assuming there's no wife)?

They solicitor should be able to clarify the size of the estate? What size of estate was disclosed when applying for confirmation from the court? Who is the executor alongside the solicitor?

theDon876

gravel_2 said:

I doubt it's relevant but in Scotland there is a succession law quirk whereby an estate is split into up to 3 parts - the children, the wife and the "deads" part. If there are no children and/or wife then the deads part increases. Strictly speaking the deads part is the only part that is subject to free testation by the dead. The children/wife can always claim their part.

Is it possible the brothers are NOT in the will and the father had other plans for his will? The solicitor could, although it would be unusual, be automatically assuming that the children would claim their part (in this case - a half assuming there's no wife)?

They solicitor should be able to clarify the size of the estate? What size of estate was disclosed when applying for confirmation from the court? Who is the executor alongside the solicitor?

Wife is dead. 

It makes it clear the estate will be split between himself and his brother. It's details funeral costs, solicitor and other fees. 

So estate worth £400k after debts.

Then it says £200k will be split between himself and brother. Hence he's getting £100k. In other words half of the estate money is unaccounted for. 

Does the probate will need to state the entire payouts of the will?

ColdIron

Shouldn't the solicitor be answering these questions?

gravel_2

theDon876 said:

gravel_2 said:

I doubt it's relevant but in Scotland there is a succession law quirk whereby an estate is split into up to 3 parts - the children, the wife and the "deads" part. If there are no children and/or wife then the deads part increases. Strictly speaking the deads part is the only part that is subject to free testation by the dead. The children/wife can always claim their part.

Is it possible the brothers are NOT in the will and the father had other plans for his will? The solicitor could, although it would be unusual, be automatically assuming that the children would claim their part (in this case - a half assuming there's no wife)?

They solicitor should be able to clarify the size of the estate? What size of estate was disclosed when applying for confirmation from the court? Who is the executor alongside the solicitor?

Wife is dead. 

It makes it clear the estate will be split between himself and his brother. It's details funeral costs, solicitor and other fees. 

So estate worth £400k after debts.

Then it says £200k will be split between himself and brother. Hence he's getting £100k. In other words half of the estate money is unaccounted for. 

Does the probate will need to state the entire payouts of the will?

Not sure what your last question means. A will can say what it wants and be as detailed or as undetailed as it wants. If its very detailed and any money is unaccounted for then I assume the unaccounted amount would be paid out in accordance with the rules on intestacy (based on what you've said, this would go 50:50 between the brothers).

Your friend needs to talk to the solicitor. They should very easily be able to explain why what has happened has happened (or indeed if it is a mistake).

FYI probate is not a thing in Scotland. Equivalent is called confirmation, which is issued by the courts. https://www.scotcourts.gov.uk/taking-action/dealing-with-a-deceased's-estate-in-scotland

Grumpy_chap

Does the £400k after debts also mean after any care home fees?

It is not wholly unusual that care home fees are met by the Local Authority who hold a charge over assets in the Estate to be realised as and when the Estate is administered.  If there was such an arrangement, it is entirely plausible that the care home fees amount to £200k.  The fact this is half of the Estate is purely coincidental.

Has the individual seen the Will?
Has the Executor prepared the Estate Accounts?

p00hsticks

theDon876 said:

gravel_2 said:

I doubt it's relevant but in Scotland there is a succession law quirk whereby an estate is split into up to 3 parts - the children, the wife and the "deads" part. If there are no children and/or wife then the deads part increases. Strictly speaking the deads part is the only part that is subject to free testation by the dead. The children/wife can always claim their part.

Is it possible the brothers are NOT in the will and the father had other plans for his will? The solicitor could, although it would be unusual, be automatically assuming that the children would claim their part (in this case - a half assuming there's no wife)?

They solicitor should be able to clarify the size of the estate? What size of estate was disclosed when applying for confirmation from the court? Who is the executor alongside the solicitor?

Does the probate will need to state the entire payouts of the will?

Not familiar with Scotland, but in England and Wales probate just states the gross and net value of the whole estate and makes the will public.

But note that the value stated for probate doesn't necessarily fully reflect what will eventually be left in the residual estate.

For example , if there is property involved, then the probate value will include a (hopefully realistic) valuation of that property, but if it is to be sold then it may sell for more or less than that value, and there will be maintenance costs (utilities, insurance etc) and selling costs to be taken out of the sale proceeds. 

MX5huggy

Just ask the solicitor, the most plausible explanation currently is a junior clerk has just typed the wrong figures on a letter. 

sheslookinhot

How long was the father in a care home ? Fees can range from £5-£6.5 per month. 

This quirk in Scotland that is mentioned is unknown to me. A persons estate goes 100% to the surviving spouse, unless a will is available.