I think I've been conned out of my inheritance

[Paulkearns]

My father died 18 months ago. After a few months, I discovered from one of my sister' that he left me just £10 from his considerable fortune. My sister's didn't think this was right, so they added a Deed of variance, giving me £40,000 - which I thought was kind of them (at the time).
The will has not been fully distributed yet but, since this "kind" offer was made (and paid) two things have happened.
Firstly, I've discovered that my father had been gifting my sisters very large amounts of money and goods in the few years before his death and, even after these amounts were paid, his remaining estate was in the region of £1m. This means my sisters get over £500k each - and I get £40k.
The second discovery was that my father had been diagnosed with narcissistic personality disorder - making him mentally unbalanced. It explained his appalling treatment of me and my immediate family and his lifelong disproportionate treatment of me and my brother (who he drove to suicide in 1998). My sisters had gifts showered on them whilst my brother and I got nothing. He barred me from seeing my dying mother (until the last week) - then used that premise to leave me just £10.

I have discovered that both my sisters knew of his disorder but, as it benefited them, chose not to share this with me.

I was forced into accepting £40k in the belief that this was a "reasonable" amount without knowledge of the previous gifts, the size of the estate, or his metal disorder.

In addition, I have discovered that my father may well have misappropriated the pension fund that I paid into when I worked for one of his companies by simply "taking this on my behalf" in his role as trustee of the fund. This alone has left me around £100k short on my pension expectations and, because I opted out, some £50 a week short on my state pension.

So I am now left to face my retirement with little money - whilst my sisters have everything they could ever wish for.

I probably know the answer, but - is there anything I can do about this?
Or have I shot myself in the foot by accepting the £40k?

Thanks
Paul.

[des8]

Hi and Welcome

Not a pleasant set of discoveries
It might be possible to make a claim under the Inheritance Act , though there is a very strict time limit: of 6 months from the date of issue of the Grant of Probate/Grant of Letters of Administration. In special circumstances however, section 4 of the Inheritance Act does provide the court with a discretion to grant a claimant permission to bring a claim out of time.
I would suggest an initial face to face appointment with a solicitor specialising in contentious probate to explore fully your options.

In the meantime tagging Peridot , but this is weekend so you may not hear from her until Monday

[Paulkearns]

Thanks Des8.
I am aware of the 6 months rule and I may have shot myself in the foot somewhat accepting the £40k.
I know it sounds ungrateful but, now I've got an idea of just how much is involved and the amounts given to my sisters before he died (when we were really struggling after my accident and almost lost our home because I couldn't work) I get really angry.
I have a great relation with one sister - the other, after my father told her some lie or other, doesn't talk any more.

Of all the kids, other than my brother, who my father drove to suicide, I had my entire life ruined by the most. It's truly been hell - he just never let up (I even tried to end it all myself once). It's seems so wrong that I get some 8% and my pampered sisters the rest.

I'll see what I can do about chatting to a solicitor and wait to hear from @Peridot.

Cheers
Paul.

[Peridot]

Hi Paulkearns,

What a sad state of affairs. As a son you are in the group of people who could potentially make a claim under the Inheritance Act, however I suspect you will have an up hill struggle unless you could show that your father was supporting you financially whether money to you, or for example, paying a grandchild's school fees.

Provided your father was of sound mind when the Will was prepared it would be difficult to challenge the Will but as Des8 suggests I think it would be worth having an appointment with a lawyer face to face to discuss the situation further. It would be helpful to have a timeline prepared of when factual incidence occurred, such as his diagnosis, date of will preparation etc.

The Deed of Variation may have closed down any option but this needs to be looked at carefully.

You mention your pension that was paid into whilst working for your father's company. Not knowing timescales etc I couldn't say whether there are any options here, but this again may have a 6 mth time limit from the date of the Grant as it's effectively making a claim against the estate, but there are other factors to consider eg whether a section 27 notices were placed following his death.

Do get some face to face advice from a contested probate specialist.

[Amethyst]

Peridot Could you challenge the will on the grounds of mental incapacity so that it reverts to intestacy rules ?

Banks v Goodfellow
must not be effected by any “disorder of the mind” that shall “poison his affections, pervert his sense of right, or prevent the exercise of his natural faculties and that no insane delusion shall influence his will in disposing of this property and bring about a disposal of it which, if the mind had been sound, would not be made”.


( which quite well describes NPD ?)

Provided your father was of sound mind when the Will was prepared it would be difficult to challenge the Will but as Des8 suggests I think it would be worth having an appointment with a lawyer face to face to discuss the situation further. It would be helpful to have a timeline prepared of when factual incidence occurred, such as his diagnosis, date of will preparation etc.

[Peridot]

Hi again,
Worth exploring as I say above, However, having a diagnosed mental health problem doesn't necessarily mean you don't have capacity to make and execute a Will. Preparing a time line and making an appointment to discuss this further with a lawyer would be sensible. The timeline makes sure things keep on track and identifies the facts rather than the emotional issues to focus the discussion.