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My dad initially drafted his will dividing his estate in three - a third to me, a third to my sister and a third to my mum (the known intention of this to be for that third to benefit of my brother).
my dad then emailed his solicitor advising that he needed to change the draft to leave the entire estate to my mum who would “distribute whatever there was between the three kids”.
his solicitor advised she would make the changes as long as he was aware that he was doing it on trust that his ex wife (my mum) would distribute the estate to his children in accordance with his wishes.
He responded confirming that for my sisters health and safety he didn't think it wise for her to receive anything directly and that he had spoken to my mum and trusted her to distribute what ever there was equally.
The willl containing the amendments making my mum executor and sole beneficiary of the estate was executed and a letter of wishes filed with the solicitor.
Despite being provided with copies of this exchange, my mum has since refused to provide copies of any correspondence concerning the estate (including the letter of wishes and estate statement). I have an idea of estate the value and believe she has retained a portion of the estate for her own personal use. She has transferred a small amount of money to me but ignores all requests for information.
I realise that I am not a named beneficiary and so am actually not legally entitled to information or the estate. I am looking for guidance as below:
1) is it likely that making a larke v nugus request to obtain a copy of the file from the solicitors who drafted the will would be successful? This would be on the grounds that at the time my dad changed his will he didn’t have the mental capacity to do so (he had stage 4 lung cancer, which had at that point spread to his liver and his brain) and he had done so due to information provided to him and a promise made upon which he was relying.
2) if it is possible to make a request under 1) would the file include a copy of the letter of wishes?
3)Are the three certainties of a resulting trust satisfied and Was an implied trust created over his estate for the benefit of myself and my siblings? I think there is certainty of objects and beneficiaries, but not sure if the intention to create a trust is satisfied.
I realise that is a lot to ask but any advice / explanation to correct any misguided thinking on my part would be appreciated!
I am trying to assess whether this is worth pursuing (financially). Sadly the relationship with my mum has broken down to the point of no return so I see no other option.
My dad initially drafted his will dividing his estate in three - a third to me, a third to my sister and a third to my mum (the known intention of this to be for that third to benefit of my brother).
my dad then emailed his solicitor advising that he needed to change the draft to leave the entire estate to my mum who would “distribute whatever there was between the three kids”.
his solicitor advised she would make the changes as long as he was aware that he was doing it on trust that his ex wife (my mum) would distribute the estate to his children in accordance with his wishes.
He responded confirming that for my sisters health and safety he didn't think it wise for her to receive anything directly and that he had spoken to my mum and trusted her to distribute what ever there was equally.
The willl containing the amendments making my mum executor and sole beneficiary of the estate was executed and a letter of wishes filed with the solicitor.
Despite being provided with copies of this exchange, my mum has since refused to provide copies of any correspondence concerning the estate (including the letter of wishes and estate statement). I have an idea of estate the value and believe she has retained a portion of the estate for her own personal use. She has transferred a small amount of money to me but ignores all requests for information.
I realise that I am not a named beneficiary and so am actually not legally entitled to information or the estate. I am looking for guidance as below:
1) is it likely that making a larke v nugus request to obtain a copy of the file from the solicitors who drafted the will would be successful? This would be on the grounds that at the time my dad changed his will he didn’t have the mental capacity to do so (he had stage 4 lung cancer, which had at that point spread to his liver and his brain) and he had done so due to information provided to him and a promise made upon which he was relying.
2) if it is possible to make a request under 1) would the file include a copy of the letter of wishes?
3)Are the three certainties of a resulting trust satisfied and Was an implied trust created over his estate for the benefit of myself and my siblings? I think there is certainty of objects and beneficiaries, but not sure if the intention to create a trust is satisfied.
I realise that is a lot to ask but any advice / explanation to correct any misguided thinking on my part would be appreciated!
I am trying to assess whether this is worth pursuing (financially). Sadly the relationship with my mum has broken down to the point of no return so I see no other option.
