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late fathers estate, step brother involved

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  • Re: late fathers estate, step brother involved

    Originally posted by adamk View Post
    ive had correspondence from the probate office, to the effect that hes sent them the will. so I cant understand how he could then suddenly back track on getting probate. he even warned off my caveat, albeit after about 3-4 months.
    The actual will or just a copy?
    Have probate office confirmed he is not progressing with his claim for a grant of probate?

    If he obtains a grant of probate you will be advised that your grant is revoked.

    Comment


    • Re: late fathers estate, step brother involved

      according to the probate office they said they were dealing with an original not a copy. they said something to the effect that they wouldn't even be entertaining him if it was a copy.

      im not so sure. I wonder if it might be an original copy. I have something similar from my parents. its a duplicate that was drafted at the same time the main one was done. its looks essentially the same.

      maybe my Dad destroyed the original he had but the SB kept his copy. maybe it is a fake. who knows. certainly if it ever went as far as testing its validity in court I think it would be difficult for either side to say, as the original solicitor involved has little to no record of the will and kept changing its story. it seems they didn't do the job properly and when they were amalgamated the records were destroyed, for instance they don't seem concerned that my Dad seemingly cut me out as a direct descendant without leaving a record of why, and it seems they didn't even ask him if he had any other children.

      Comment


      • Re: late fathers estate, step brother involved

        ok he got probate earlier this year. he has now applied to change the house back into his name. the land registry said I could appeal. I'm tempted to write to them outlining what has occurred and see what they do. my only concern is if I would be liable for his legal costs if it went any further, same problem I had when deciding on whether to extend the caveat.

        Comment


        • Re: late fathers estate, step brother involved

          So as he has probate the only options are to contest the will (expensive) or let it go.
          You could write to Land Registry, but I doubt they would do anything unless you formally appealed

          Without reading back over this thread I recall you became estranged from your father due to his new partner and her son.
          You had no, or little contact with him over a number of years as you lived abroad.
          You and your fathers neighbours felt he did not like your step brother.

          IMO you will be better off (financially and psychologically) letting go now.

          Comment


          • Re: late fathers estate, step brother involved

            I didn't live abroad, though it sounds nice, we were effectively forced apart by the step mother. id just like to know why I was left out, but I will probably never know. one other thing I noticed was he declared the estate value, which is below 325k, but what they don't seem to have picked up on is the fact he has had his mothers house for 60k then sold it for 165k a year later. also when she died 3 years before my Dad, my Dad took 53k out in cash from her accounts that she left my Dad in his will.

            I guess I just hate the fact he would appear to have won the lot without paying tax.

            I do have one last question or two.

            when he dies, he has no relatives I know of, unless maybe some cousins. who could inherit his estate? would I have a claim?
            shouldn't the solicitor who drew up the will have asked them to leave a letter explaining why he left me out?
            what happens if he sell the property now? will he be liable for capital gains tax?
            do you think the HMRC check the year the person dies in relation to the probate claim? e.g he left it 3 years after my Dad died to do the probate.
            also he hasn't been on the electoral register for 8 years. I had my letter through the other day saying you have to register all adults otherwise you might be fined 1000. hows he avoided this?

            p.s. I'm not letting this go very well am I .

            Comment


            • Re: late fathers estate, step brother involved

              1) unless your father adopted your step brother, you would have difficulty proving any entitlement to his estate
              2)There is no obligation on solicitor to advise his client about his relationship to members of his family
              3) if the house is his main residence there would be no capital gains tax due
              4)probate would not be granted until cleared by HMRC, so assume they have carried out necessary checks
              5) he hasn't registered, so off the radar (unless he is registered at another address?)

              Comment

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