Could anyone tell me who gets what in plain english

[spike2]

Now that i have a bit of time on my hands. I thought i would see if i have any case to contest this will as i have not received anything at all and know i was promised by the testator that i would be benefiting.This is a will from a couple of years ago that i was named in as a beneficiary.
I am the beneficiary named in item number 5* (G) i
item number 6* (C).
item number 8 (B).

I am sure someone who deals with this type of wording could* read and interpret the language as its all beyond me could at least point me in the right direction. If there is a direction to go down or not. As to whether* i need to ask some questions of the executors or not. The only thing i know that has been done is that the trust has been wound up and given to the beneficiary named in item number 4
item number 5 (G) ii
item number 8(A) (ii).
I hope someone can help as i really am not sure the will is being executed as per my cousins wishes.
Thank you in advance
Spike.

[wcampbell]

Hi, I am an Estate Planner, Probate Specialist & Legal Researcher. Please visit my website will-trusts-probate.co.uk where you can chat with me live. I can help you by doing in-depth legal research for you.
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WCampbell@will-trusts-probate.co.uk

[des8]

Was there a nil rate sum or was it nil?

As a possible beneficiary did you get to see a copy of the estate accounts?

[spike2]

Was there a nil rate sum or was it nil?

As a possible beneficiary did you get to see a copy of the estate accounts?

Hi thanks yes there was a net figure on the grant of probate of just over £369000 no i never saw any accounts and only got that figure by buying a copy of the will from find a will.gov.

[des8]

so write to the executors asking for an account as trustees have a duty to account to the beneficiaries for their financial administration of the trust fund.
Were any of the executors/trustees professionals, or did they appoint solicitors perhaps to deal with the estate?

[spike2]

so write to the executors asking for an account as trustees have a duty to account to the beneficiaries for their financial administration of the trust fund.
Were any of the executors/trustees professionals, or did they appoint solicitors perhaps to deal with the estate?

I am sure they appointed the solicitors who drew up the will to deal with it.
*

[des8]

You stated the estate net figure was £369000.
Nil Rate Band is £325000 but for 2017/18* IHT is £425000 (taking into a/c family home allowance)

I assume this will was written prior to 2007 when the use of Nil Rate Band Trusts were used to protect assets for a surviving partner by use of a discretionary trust.**Pre October 2007 there was no Transferable Nil Rate Band (TNRB) for married couples.

My reading of the* situation (but please note I am not an expert and you should perhaps obtain professional advice) is that*as the TNRB is above the total estate* assets effectively there was no need for a trust to be set up

I would suggest you obtain a fixed cost consultation with a solicitor to see what the correct position is, and what if anything you can do.*

[spike2]

Yes you are correct the will was written in 2003.
My question is really does the husband inherit everything or should the NRB be left to the cousin or not as they are the only 2 beneficiaries named in the wills entirety.Apart from 2 minor amounts one of which couldn't be given as was deceased .

[des8]

I think clause 7(a) (i) probably gives the answer you don't want to hear.
Basically the trustees can vary the trust so they can give the trust property to any beneficiary