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Advice needed about simple will

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  • Advice needed about simple will

    My father to whom I was very close passed away suddenly recently leaving his partner of 20years. They were both widowed & lived together in her home which she owned outright & although they shared their lives as man and wife & were known as a couple they had seperate finances. He paid his share of all the household bills, paid for the car & its upkeep (she didnt drive) & he paid all the food bills, she paid for all the household repairs and maintenance as required, he upkept the large garden & was her carer as her health deteriorated over the years . They were very different, her being an old fashioned fuss pot and him being kind, active and young at heart who loved being involved with his great grandchildren, for this reason they spent Christmas apart each with thier respective families & bought presents only for their own families. We all got on ok & both families visited weekly but on seperate days & we were only ever guests in her house not visitors to my dads home. She was 10 years his senior & it was always understood that if anything happened & there would be no proviso for my dad.

    When my dad recently became ill for the first time in his entire life she got panicky stating he was no use to her now & her family wanted him removed from the home refering to him as just a lodger & not her responsibility. He had been ill for literally just six short weeks & we were in the process of planning his move into a sheltered flat & to live with me in the interim while he recovered when he sadly died. Dad had no savings or assets & only received his weekly pension as income but he left a will naming me as executor & sole beneficiary to anything he might own. Unable to locate any life insurance for him I of course took full responsibility for his funeral etc.

    She was reluctant to let me have any of his possessions from the property (which are very few for a man his age) she insisted her sons sort his belongings but I insisted they do not throw anything of his away without my say so & fortunately he had provided a list of larger items of his that he planned to bring when eventually moved, with prompting they have given most items to me now boxed up.

    My only issue is she is refusing to let my son have an item he gave to his grandad as a Christmas present. She is saying it was a joint present to them both from my son which is simply not true. She has never given my son or his young family any gifts over the years, none of us from either family ever participated in exchanging gifts, she was very pedantic about that, it was never a problem just something that neither family did. The item means a lot to my son & is of no value or use to her & she has many momentoes of my father from the years they shared. Her own son says she wants to keep it & that my son can have it when she dies. This is rediculous as by then it will have lost any sentimental connnection to my dad & we have already lost contact with her family.

    Please can anyone advise if she is entitled to keep this item irrespective of whether she was his partner or landlady? What is the usual procedure when dividing gifts given by family members? I know they would never have allowed my dad to take any items her family had gifted to them jointly or otherwise nor would he expect to. As executor and sole beneficiary is it not my right to decide what happens to his possessions.? I am lost & heartbroken without my dad so I appologise for rambling & if this sounds petty to some but it is making me & my son sad & I would appreciate fair advice however blunt. Thankyou for reading.
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  • #2
    Re: Advice needed about simple will

    HI and so sorry to hear of your loss and the emotional problems arising in its wake.

    Yes, everything that belonged solely to your late father is part of his estate.
    You as executor (did you need a grant of probate?) have a right and a duty to collect all his assets for distribution to the beneficiaries.
    As you are also the sole beneficiary it will be your decision as to what happens to your late father's belongings, as they are all now yours.
    How you go about getting the disputed items from his partner I wouldn't like to advise.
    Normally one would suggest writing a request, and if that didn't work obtaining a court order would be the next step. However you say that other than sentimental value the item is of no value so you would have to weigh that against the stress and associated costs of obtaining a court order.

    Comment


    • #3
      Re: Advice needed about simple will

      Originally posted by des8 View Post
      HI and so sorry to hear of your loss and the emotional problems arising in its wake.

      Yes, everything that belonged solely to your late father is part of his estate.
      You as executor (did you need a grant of probate?) have a right and a duty to collect all his assets for distribution to the beneficiaries.
      As you are also the sole beneficiary it will be your decision as to what happens to your late father's belongings, as they are all now yours.
      How you go about getting the disputed items from his partner I wouldn't like to advise.
      Normally one would suggest writing a request, and if that didn't work obtaining a court order would be the next step. However you say that other than sentimental value the item is of no value so you would have to weigh that against the stress and associated costs of obtaining a court order.
      Thankyou for responding and for the information.

      I have not obtained a grant of probate as I am unaware what that is or if it was needed. The Will is just a simple home made one someone helped him compose from the internet and typed it up for him but it is properly signed and witnessed, I did ask my dads solicitor to look at it after dad died and he confirmed it was a valid document. It was subsequently accepted by dads bank and I was able to close his account although he had only a few pounds in his account and did not have any debts whatsoever.
      Should I have obtained a grant of probate? Under what circumstances might I need that?

      I have written to her son requesting the item but they are dismissive as though it is their choice & to date I have been unsure if I have the right to insist on anything. Do you know where I stand disputing her claim that it was a joint present? It is her word against my son but it has clearly never been customary for him to give her presents joint or otherwise.

      My son adored his grandad & the present did cost about £60 which was a lot for him to outlay at the time but is not an item that retains or would increase in value. My dad was so pleased with it so it holds a lot of sentiment to me and my son who would like to use it as well as keep it for his children, I feel hurt that she & her family were happy to potentially discard my father and would have dumped most of his treasured items had we not intervened.

      She has been dishonest & disrepectful, I really do not want to simply accept their overal insensative & hurtful attitude. It sounds insignificant in the whole scheme of things but dads thiings & our memories are all we have left & I dont want to wonder what happened to the item or if my son will ever receive it.

      Comment


      • #4
        Re: Advice needed about simple will

        It sounds as if probate was not required.
        If the estate was small, and did not include land, houses, stocks and shares probate would not be required.

        If you are considering court action I think the form you need is N244 Application notice form (I'm not sure but others might know better)
        There is a court fee of £50
        The form can be found here: http://hmctsformfinder.justice.gov.u...s/n244-eng.pdf
        and notes on how to complete it here: http://hmctsformfinder.justice.gov.u...-notes-eng.pdf and here: http://www.inbrief.co.uk/civil-court...otice-n224.htm

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        • #5
          Re: Advice needed about simple will

          Spot on Des!!

          nem

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          • #6
            Re: Advice needed about simple will

            Thank you for your help x

            Comment


            • #7
              Re: Advice needed about simple will

              Sorry to ask further but I have viewed the form & despite my feelings do not really want to have to resort to taking action, I know there are never any guarantees but there is little point if there isno chance of successful outcome. I would like to write to her again as my dads executor but am unsure how to word the letter in a polite but firm manner - can anyone advise on this? It was definately given to my dad alone but if she continues to maintain it belonged to them both does anyone know where I should leagally stand in claiming possession of it?

              Comment


              • #8
                Re: Advice needed about simple will

                You can but write again, pointing out you are the executor.
                Remind her of the unwritten family agreement that presents given by each family were gifts only to their family member. ie her family to her and your family to your late father.
                Also mention that your son clearly remembers the gift was to his grandfather alone.
                Then ask for its return to yourself as executor.

                If she won't co-operate and your are determined on its return, your only legal option is to obtain a court order for its return to you.

                Comment


                • #9
                  Re: Advice needed about simple will

                  Agreed with Des8, as an executor you are legally responsible to make sure the deceased belongings are distributed as your late father wished. I think if you write the letter in more of an official manner and advise her that it is your legal duty to obtain all items belonging to him and if obstructed will have no choice to obtain the items through court, then I imagine this should be enough to get everything returned.

                  It ceases to amaze me what lengths people go to hurt others.

                  I know I have had it myself with my late Father but the person in question holding certain things denied they ever existed. I eventually didn't pursue as I felt if they can't play nicely then it's their conscience they have to live with. What goes around sometimes bites you up the bum later.....and it did eventually.

                  Comment

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