Possible fraud in will

[runnerpaul]

I'm based in Northern Ireland and had a Great Uncle in San Francisco who recently passed.

Hi will stated that his estate was to be divided equally between all surviving relatives. These were my mum, aunt and uncle.

The executor of the will had some trouble tracking any surviving relatives down but eventually contacted my aunt. My aunt said there was only her and received the entire estate. As far as I'm aware, everything was settled.

It was only some time later the executor became aware of my uncle but had said it was too late to change anything as the will is settled.

Is this correct? I'm aware that any process to contest this may be difficult but surely this is fraud and there are legal routes to challenge this.

[PallasAthena]

I don't know whether this is made more complex by you being in Northern Ireland or your Great Uncle having died in the USA, but in Engalnd and Wales the general rule of thumb is that if the Executor makes a mistake like this the Executor is personally liable to the other beneficiiaries for their share of the Estate. It's no defence to say "I haven't got the money any longer". If the Executor can't get the money back they would have to pay from their own pocket.

But please note this is just a general comment about what happens in England and Wales. I can't say exactly what the situation is in your case. Hopefully a legal expert on this will be able to post some more information on how you might be able to challenge it in court, if that becomes necessary.

Do you know where Probate was issued? Northern Ireland or England/Wales?

Incidentally, from what you say this sounds more like negligence by the Executor than fraud.

[atticus]

You may have grounds of action against your loving aunt.