Foster children and probate - right to inherit?

[The Debt Star]

Re: Foster children and probate - right to inherit?

He should definitely stand his ground for the moment. He should make no promises to move, no comment whatsoever to anyone until he has taken legal advice. If anyone writes or communicates with him then the response should be "I am taking legal advice.

Stay in the house until his solicitor advises otherwise. Get him to see someone this week.

[catinahat]

Re: Foster children and probate - right to inherit?

He should definitely stand his ground for the moment. He should make no promises to move, no comment whatsoever to anyone until he has taken legal advice. If anyone writes or communicates with him then the response should be "I am taking legal advice.

Stay in the house until his solicitor advises otherwise. Get him to see someone this week.

I am on the law society website as we speak. Thanks D star:tinysmile_grin_t:

If you aren't already working in the legal sphere, you ought to be :tinysmile_grin_t:

Catinahat I cannot emphasise enough how imperative it is that your friend haul his ass in to see a solicitor ASAP. This is his home and where he has lived for 3o years we are talking about here. Also his personal property in it. I hear you loud and clear TDS, am onto it in the next five mins... phew thank god for you and LB's ... its a really bad situation for sure and vultures look like pacifist vegans compared to this bunch of greedy, parsimonious, 'fatherless individuals'!!! He should stop fooking about, pull his head out of the sand and get qualified legal assistance.Would he be better to stand his ground and stay put in the house (they are doing EVERYTHING to get him out, which makes me think he is in a stronger position if he does stay put; I'n thinking that once they have him out of the house, its going to weaken his legal standing in obtaining that 'stay' and preventing the early sale? On the other hand, he doesnt want to further jeopardise his position by p8**** off t The standing search will just tell him a Grant has been issued and he'll get a copy of the Grant and Will. But this will not help him. He should consider a caveat to prevent the Grant issuing while this situation gets negotiated 'twixt his solicitor and the executor's solicitor. I wasn't aware matters were so far progressed. Get that meeting with his lawyer arranged. It could be the best £150 he spends in his entire life; or the worst £150 saving if he doesn't and he loses any entitlement he may have acquired in the house these past 30 years or the possibility of challenging the validity of the Will. Go on the Law Society's Find A Solicitor site and research local firms of solicitors - not probate companies - that specialise in this area of law. Ask them for a fixed fee initial meeting or a free initial meeting if they offer one and take what's offered.

[catinahat]

Re: Foster children and probate - right to inherit?

Ok, D Star, think I'm beginning to get to grips a tiny bit about all of this. I think you're right about the Caveat, its probably not going to help much at this stage. If my interpretation of the law/legal process with respect to contentious probate is correct, then any solicitor who has any specialism in this field is more likely (I think?) to apply straight away for an injunction against the executors... I've got a helpline number and there's a group of lawyers who are specialst in this area and offer a free half hour initial consultation... then its up to Peter to see how we can move forward with this... there seems to be a no win no fee culture of claims solicitors who deal in contesting wills and inheritance issues... that may be an option worth pursuing.... after all, these people are playing dirty beyond belief so there's little to lose (yet everything too!!!) Thanks again have a brill day everyone

[catinahat]

Re: Foster children and probate - right to inherit?

Use this
http://www.lawsociety.org.uk/choosin...asolicitor.law

To answer your specific question, your friend should be moving nowhere until he has taken qualified legal advice. He has potential rights and a potential interest in that house which need to be considered and if proved, quantified.

I still contend that the circumstances surrounding the making of the new Will deserve further scrutiny.

Hey there D Star, thanks to you, you may well be the difference between my friend not losing everything that ever meant anything in his life, the alternative, being at the mercy of people who have the morals of beelzebub himself! Thank you seems such an insignificant couple of words.... but really.... Thank YOU


Since last posting on here, been on an internet global trek at the speed of light, found someone on that link you posted, contacted my friend at work who took heed of yr words, he's spoken to someone and they are going to call him back within the next 24 hours. They have been told a quick synopsis of whats happening and the ball is tolling.


In the meantime, I'm putting together an info booklet which incorporates much of your advice, together with stuff from law society web and other pertinent info, which I'll send to you if you like when its complete, that way its hopefully a small way of giving something back, or 'Paying it forward'. Will also check out these no win no fees set up too.

You have been an absolute star! (aptly named :-)

Need some coffee now Lol Have a fab day

[CleverClogs]

Re: Foster children and probate - right to inherit?

Hey there D Star, thanks to you, you may well be the difference between my friend not losing everything that ever meant anything in his life, the alternative, being at the mercy of people who have the morals of beelzebub himself!

Why have you sought to impugn Beelzebub's reputation?

[catinahat]

Re: Foster children and probate - right to inherit?

Why have you sought to impugn Beelzebub's reputation?

Awww go on, pretty please... I lurrrve to impugn Beelzebub's rep... although I thought someone else already bet me to it

Hiya cat,Blimey, what a scene!!Don't know anything about wills, etc, myself, but it looks like you're getting some excellent advice from TDS.I have encountered this sort of situation myself - reminds me of vultures circulating in those old cowboy films!!I hope your friend, with your help, can fend them off.From what you say, this seems like sheer greed & malice!Bit of both I think Charity, lotta jealousy from the two ug sisters when their brother fostered Peter all those years ago. They actually confronted Peter when he was 12/13 and had just left an abusive home and been taken in by his Dad (who was to become his Dad) and asked him what he wanted, then accused him of being a 'gold-digger'. Freaks! Like a 12 year old traumatised child is gonna be as devious as those money grabbing old hags! They hated it that he gave Peter a good life and they were good for each other. From sounds of it, his dad didnt exactly have a loving family network either. Peter always looked out for his Pa and even moved bk to UK to look after his dad after he had the first minor heart attack and the ug sisters were nowhere to be seen then!Good luck with your battle.Thanks charity Hope yr ok? Must say Dstar been enormous help! I didnt have one iota of a clue as to anytc

[catinahat]

Re: Foster children and probate - right to inherit?

Yes, he needs to see a solicitor. Although he cannot bring a claim under the Inheritance Act he has a few options; namely:

1. a beneficial interest in the property claim (dependant on factors such as how long he lived there and what he did towards the upkeep / maintanence of the property over the past 30 ish years)

2. a challenge to the will on the grounds of undue influence / duress. To answer your question, this is very hard to prove. As is proving lack of testamentary capacity. Was the testator suffering from any degenerative old-age related illness at the time he made his will? What was his state of mind like?

3. solicitors breaking the Golden Rule

Does he have a copy of the original will (the one he benefitted from)?

His solicitor will ask for a copy of the file / attendance note but that may not be forthcoming. Ultimately it can be made available by the court who would take a dim view of stalling tactics. His solicitor must also place a restriction on the property to prevent its earlier sale until this gets resolved one way or another. He may also place a caveat at the probate registry but I do not think he will because it can be warned off easily by the Executor. Certainly a standing search should be placed at the probate registry to alert as to the issue of the Grant of Probate.

The Executor has legal title to all of the deceased's assets on death; this is granted to her by the will. She can therefore gain access to the house, change the locks and apply to the court for an injunction to remove him. It is therefore imperative that he sees a lawyer with good contentious probate experience so as to discuss his options and costs arrangements. If the solicitor feels that there is good enough grounds to do some digging around into the circumstances of the latest will and/or any beneficial entitlement in the property your friend may have, then he may take the view that costs can be deferred until the end of the matter when funds are unlocked from the estate.

Hope this helps mate and I appreciate your kind remarks.

DS

UPDATE - COPY OF WILL THROUGH NOW....

[catinahat]

Re: Foster children and probate - right to inherit?


Update - The Will & Contents within... gets more bizarre!!!


Ok, Peter got his copy of the will this morning through applying to probate Registry.
Frankly, it has created more questions than given answers... or rather, 'questionables' as the case may be. In a nutshell, the main points:

1. First named beneficiary, bequeathed the most money to any individual beneficiaries - The Executor (neighbour up the street who has always hated my friend!!) She was left £4,000

2 Beneficiary named - Peter , receiving the least cash amount of £1,000

3. The Estranged sisters - Bequeathed £3,500 each

4. Neices/nephews - £3,000 each

The bulk of the estate (around £500,000) to be equally divided between one of the major London hospitals and one of the Southern Cathedrals that he had a close affinity to.

5. The person who takes on looking after the cat if she outlived him, to receive
£1,500


So the Cat gets left more than a loved fostered son??? It just doesn't ring true.

Now I realise that families have their falling outs and interpersonal relationship problems etc etc, but this certainly was not the case here, not between Peter and his Dad. (Yes, he was estranged from his sisters, but he still left them better provided for)


Had it not been for the fact that his Dad had shown him a will he made twenty years ago, which bequeathed him £20,000 then, at a time when he was actually financially solvent, then perhaps you could say that he must have had his reasons or whatever. Yet not one bit of this makes even the remotest of sense to me.

I am by no means versed in the laws surrounding probate/wills/succession etc, however, the first thing that is glaringly obvious to me and raises an eyebrow to say the least, is the fact that the ONLY executor to his will, happens to be the first named and the person to benefit the most financially, from my friend's Dad's will.


This will was only drawn up three years ago. Curiously, with another law firm, one of whom was then named as a second executor, to Peter's Dad's will. This company no longer exists and indeed dissolved or whatever its called, only a few months after this will was drawn up; at which point it was transferred to the current law firm. (who don't seem to know their a*** from their elbow IMHO:-)


Curiously enough too, Peter returned to live in the UK having worked away all over the world at various times throughout his life. He had been working in Egypt but came back to the UK to basically be around for his dad as he'd had a minor heart attack and peter was concerned about him being on his own in his advancing years...


This executor though, she bothers me the most and she currently has the 'keys to the kingdom'. It appears also that she had a certain amount of influence over Peter's Dad. To the point that Peter would know that she'd been at the house on a particular day, cos he'd seen her... but when he asked his Dad if he'd had any visitors he'd say no and cover up the fact she'd been around.


I asked Peter if he'd ever noticed his Dad seem hostile for no particular reason , to which Peter said yes, he had his funny ways but dont we all. I then asked if those occassions had co-incided with the days that she had been around, but he said he hadnt really noticed and couldnt say if there was a connection, but wouldnt be suprised, as she hated him.


The thing is, I recall that in April, Peter had been up here in the north as best man to a young couple we've both known for years who were getting married) it was an occassion we all had a common interest in and as such, I remember things about the few days that I possibly wouldt have ordinarily recalled...


After the celebrations here in Leeds, the happy couple and the best man were going to France to have a second celebration and blessing which the groom's parents had arranged and as they live there, it was like a buy one get one free, two weddings for the same marriage:-) The thing is, Peter was here up North, for a few days so you bet that the executor wouldve been round at his Dad's with him being away. There was to be a two day interval between the party winding up the wedding here and heading off to France for the part 2 of it...


When I spoke to Peter after he'd got back home, I mentioned how fun the France end sounded like it was going to be. Peter told me he couldnt go. he'd left it too late booking the car ferry across etx with work commitments and one thing and another, and then there'd been some technical hitch with his bank card being delayed, the upshot was that he couldnt get there as he wouldnt have had the time to get the cash together, let alone have a visa card at hand to actually pay for the booking.

I asked couldnt his Dad help but recall him saying his Dad was just that way out and wouldnt.

The upshot being that I luckily had about £100 in my bank at that time, which happened to be same bank he uses, was able to do an instant transfer and by that time his Dad had seemed to mellow and changed his mind and booked him onto the ferry with his credit card.

I just recall thinking at the time, what had got him so ticked off that he wasn't willing to help his son in an emergency type sityation/ Furthermore, what casued the spontaneous turnaround?

peter put it down to old age, but I do wonder, just how much influence this woman had over him. When Peter got back from abroad, he noticed that his dad had gotten very superstitious and had pocketfuls of lucky charms, four leaf clover, subscriptions to aromatherapy and numerology sites and services etc. which apparently was not really typical for him.

This is a man who piloted planes for the RAF during the war and headed missions over enemy territory. Who then ran his own business in electrical/gas engineering; suffice to say, not a man given to 'frivolous and fanciful superstition. What on earth changed so much?

Peter returned from abroad around 2008/9 which was when he noticed his dads fascination with numerology/astrology etc; also coincides with the time this new will was drawn up (well it HAD been by mid2008)


Peter was reading bits of the will out to me and to be frank, I know that legal jargon could do with Google translator building it its very iwn little app to decipher wat things mean, but the wording in this would confuse even the most seasoned of 'legalspeakers!' The wording is totally incomprehensible to me (who has at least had the benefit of studying a BA honours degree in social policy....

So I'm not completely word deaf to the language of legal jargon... honestly though, this would leave Kavanagh QC cold in the water! My point being, how on earth was an elderly Octogenarian ever going to be able to stand a chance in understanding any of it, let alone signing that he did!!! Then the dodgy business of the orginal legal firm winding up and disappearing (something about a part of the wording in that will makes me think they knew it was going to happen too!)


All in all, I dont beloeve he really knew just what he was signing. There's a codacil too within the will that basically says the executor can apply on behalf of any othe beneficiaries either at time of probate or at any point in the future, for payments from the estate and that any rules applying to trustees/executors restrictions, she should be free of and could pretty much act uninhindered!!!

It appears too that the law firm to which his will was transferred over to, approached him saying that his estate was now being handled by them; but no word as to who's choice that was or even if it was a matter he got any say in...


The way things stand now, the executor has been coming into the house and taking things out; not neccessarily for the estate either infront garden (th

She needed hers doing though apparently. We rang a few of the lawyers but not one has yet been in touch. I have a specific number of one locally, who seems to be very on the ball and has great customer feedback so ive passed the details to peter and urged him to ring them in the morning. The other question is that his life insurance policy cannot be found anywhere.

Unfortunately, this woman came into the house the same day that Peter had found his dad dead and she wanted all the 'paperwork', Peter just handed her the folder at the time being too distraught about his Dad to think straight.

Thus far too, the only stipulation within the will, that has been adhered to was where Peters Dad wanted to be buried. The executor and sisters had different ideas but Peter stuck to his guns and made sure that his Dad's last wishes to where his final resting place would be, would be adhered to.


Little things like his dad had said all his radio equipment be given to the naval cadets in the locality, but for some reason, she chose not to and has sent them to the local scout unit (don't kniw whether to be sold or donated) the point is, she is not carrying out his wishes even the simplest ones!


My gut feeling is that she has either somehow turned him against providing for his son (as he'd demonstrated a desire to ensure Peter was adequately covered by leaving him £20,000 at a point in his life where Peter appeared to be very comfortable, he had his own property and a good job and was living quite a good standard of life in the U.S. at the time) so it makes no sense at all that he would leave him out on the street with an inheritance that is less than the cat was bequesthed, when he was trying to recover from a near bankruptcy, had no property and just a regular full-time job and was back in the uk to look after his Dad as well as try to begin again. Makes no sense.


So that's the craziness of this whole tragic saga up to press. In the meantime, I'm thinking whilst Peter is trying to secure legal counsel, if a lawyer aint needed to do this, it may be an idea if I can apply for a caveat on his behalf> (can this be done online?) but the main thing is getting legal counsel. I would think that even besides the obvious interest he'd have in the house (having been his home for over 30 years and investing in its upkeep/maintainance) he also worked unpaid for his Dad's business, which in its prime days had 6-8 gas/elec/plumbing engineers and installers, plus a contract with most of south London councils...


aside from all that, I would think he has a good case for proving that the lawyer hasnt handled it professionally (breaking protocol from wot i see on many conts) most obvious being that he had disclosed information about the content of the will to peter and others too, well before probate had even been granted.

If he did indeed take over the will from a legal firm who'd gone out of business, that in itself shoulve alerted him to check and triple check that it had been drawn up properly. Furthermore, two of the original witnesses were clerical staff from the other law firm which no longer exists. To my knowledge, no new witnesses were brought in. Wouldnt these factors alone invalidate the will? There should be copies with the probate registry of the earlier will/(s) which Peter benefitted from far more favourably two decades ago! He was the closest to his Dad more than anyone who'd ever been in his Dad's life,

So from an estate of half a million in value, to be left just one grand seems like something is very remiss.
He wouldnt have minded if it had all been bequeathed to his dad's favourite charities, but what he cannot fathom, is why, this woman who hated him (and he didnt like her much either) why she would come out gaining the most, more than any 'blood family' member even.

So thats where its at.

Would be interested to hear your thoughts on this. he's going to scan me through a copy in the morning, so O'll be able to look at the exact wording and take it from there. Oh blooming heck, got a dentist app too at 9.00 am which is a two hrs each way journey.. not good:-(

Thanks again for yr patience if you managed to read as far as here...
am gobsmacked i managed to type this far...Lol Bye for now, Cat

[The Debt Star]

Re: Foster children and probate - right to inherit?

Catinahat, I have replied on the other thread you have started.