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Hi,
I hope someone can help me with this. I will be going to find a solicitor tomorrow but thought I would check this in the meantime.
In short, my dad passed away all of a sudden recently which I only found out after my uncle phoned me about it (and he only found out because he contacted the hospital), but I was not informed right away, as my Dad was in the hospital for quite some time before he died in hospital. I had sent my Dad a birthday card but he never even received it because he was in hospital, but when I went to the flat the card was already opened yet no one rang the number on the card to inform me (I put my mobile number on the card because my Dad was losing everyone's numbers due to not being well sometimes). I know my uncle's daughter went to my Dad's flat to collect paperwork before I went with her to get the rest of the paperwork at a later date. My uncle and his daughter had all the paperwork as my uncle wanted to manage everything. My uncle, uncle's wife and their daughter said they never opened the card, nor did anyone at the sheltered accommodation like the Warden or Cleaner. The first night my uncle let me know my Dad had passed away he said he will find what funds were left (if any) so we can pay the funeral costs, etc and went on to say that we would split everything 50/50 with whatever was left, and he even meant the pension of twelve thousands pounds plus, too, but after he has all the paperwork and got all the money in his bank account and I went to the funeral he goes back on his original agreement and basically wants to keep all the money from pension twelve thousand pounds plus because he said there was pre-existing instruction, which is strange because he wasn't aware of this at the beginning hence he was saying we would go 50/50. Long story short, I now received a letter from my uncle's solicitor saying the following:
My uncle has never provided me with any paperwork or anything and will not provide me with anything as he is obviously hiding something. Also, I signed the Death Certificate at the office, and my uncle was quick to ask for that so he could get the money from the pension, etc. I have not received original death certificate back or received any proof from my uncle or my uncle's solicitor stating that my dad did in fact say "We have also seen a document from the pension company which quite clearly states that [DAD] made an expression of wish that, in the event of his death, (we) are to consider paying the settlement of this claim to you [UNCLE]", and if so, why don't they show me proof of that? Even if that were the case, my Dad would have signed that many years ago before we did a DNA test together and got back in contact with each other. My Dad said he did not want my uncle to have anything because they never got on and he wanted me to have anything that was left. My uncle is going against my Dad's wishes just out of greed and helping his own family out financially, not caring about his brother's Son, it seems.
Any advice would be much appreciated.
I hope someone can help me with this. I will be going to find a solicitor tomorrow but thought I would check this in the meantime.
In short, my dad passed away all of a sudden recently which I only found out after my uncle phoned me about it (and he only found out because he contacted the hospital), but I was not informed right away, as my Dad was in the hospital for quite some time before he died in hospital. I had sent my Dad a birthday card but he never even received it because he was in hospital, but when I went to the flat the card was already opened yet no one rang the number on the card to inform me (I put my mobile number on the card because my Dad was losing everyone's numbers due to not being well sometimes). I know my uncle's daughter went to my Dad's flat to collect paperwork before I went with her to get the rest of the paperwork at a later date. My uncle and his daughter had all the paperwork as my uncle wanted to manage everything. My uncle, uncle's wife and their daughter said they never opened the card, nor did anyone at the sheltered accommodation like the Warden or Cleaner. The first night my uncle let me know my Dad had passed away he said he will find what funds were left (if any) so we can pay the funeral costs, etc and went on to say that we would split everything 50/50 with whatever was left, and he even meant the pension of twelve thousands pounds plus, too, but after he has all the paperwork and got all the money in his bank account and I went to the funeral he goes back on his original agreement and basically wants to keep all the money from pension twelve thousand pounds plus because he said there was pre-existing instruction, which is strange because he wasn't aware of this at the beginning hence he was saying we would go 50/50. Long story short, I now received a letter from my uncle's solicitor saying the following:
We write to advise you that we have been instructed by [UNCLE] who has passed to us a copy of your letter dated <snipped>.
We have received the documentation provided by [UNCLE] relating to the payment made to him under the pension policy of the late [DAD] and we can confirm that payment has been made to our client in the sum of <sniped>.
We would advise you that the lump sum payment made to our client does not fall within the late [DAD]'s Estate. The pension provider have confirmed that the entire value of the claim withheld within its master trust and was payable to our client at their discretion. We have also seen a document from the pension company which quite clearly states that [DAD] made an expression of wish that, in the event of his death, (we) are to consider paying the settlement of this claim to you [UNCLE]. This was therefore an ex-gratia payment made entirely at the discretion of the pension company and cannot be said to form part of the late [DAD]'s Estate.
Leaving aside any issues as to the late [DAD]'s intestacy and the fact that you are not an Executor or Personal Representative, we have advised our client that he is under no legal obligation to pay any part of the value of the claim to you. Moreover, any formal or legal claim made by you in this regard will be strenuously defended.
We would ask you not to communicate further with our client concerning this matter and would suggest that you direct any further communications through your Solicitors.
We have received the documentation provided by [UNCLE] relating to the payment made to him under the pension policy of the late [DAD] and we can confirm that payment has been made to our client in the sum of <sniped>.
We would advise you that the lump sum payment made to our client does not fall within the late [DAD]'s Estate. The pension provider have confirmed that the entire value of the claim withheld within its master trust and was payable to our client at their discretion. We have also seen a document from the pension company which quite clearly states that [DAD] made an expression of wish that, in the event of his death, (we) are to consider paying the settlement of this claim to you [UNCLE]. This was therefore an ex-gratia payment made entirely at the discretion of the pension company and cannot be said to form part of the late [DAD]'s Estate.
Leaving aside any issues as to the late [DAD]'s intestacy and the fact that you are not an Executor or Personal Representative, we have advised our client that he is under no legal obligation to pay any part of the value of the claim to you. Moreover, any formal or legal claim made by you in this regard will be strenuously defended.
We would ask you not to communicate further with our client concerning this matter and would suggest that you direct any further communications through your Solicitors.
Any advice would be much appreciated.
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