Last Will and Testament could not be further from the truth

[Stuart Herd]

You may think the headline is very dramatic but you could not be further from the truth. My late stepmothers's cruel act of betrayal has left a scar that just won't heal even after 3 years.

After my mother died my father William Herd married my stepmother Dorothy (formerly Cosgrove). Shortly afterwards they visited a medium sized firm of Solicitors in Rayleigh, Essex and arranged for mirror Wills to be prepared. Under the terms of those mirror Wills the estate first passed to the surviving spouse and then to my stepbrother Michael Cosgrove and myself in equal shares.

What people often overlook is that Mirror Wills are only suitable for partners that can be trusted to carry out your wishes. Where a partner cannot be trusted or lacks basic morals the consequences can be disastrous.

Following my stepmothers death in 2012, I discovered she had changed her Will in 2008 and left everything to her own family in Wigan (Michael and Jackie Cosgrove and their adult children). Legally she was quite entitled to do this but morally she had betrayed my late father and broken her promise to me. It should be noted there was never a cross word between us and we had remained in constant contact following my late father’s death.

I had done everything asked of me by my late father and ended up losing my family inheritance of approximately £150,000 which also included the estates of my late grandparents and mother. The Cosgrove’s are fully aware of the situation but still refuse to do the right thing. A legacy of £150,000 was simply not enough for them they had to take mine as well.

Even some three years on I still cannot come to terms with the consequences of my stepmother’s actions. As a youngster I had a very hard upbringing where money was always scarce and this family have just come along and taken everything. My inheritance or part of it would have made such a difference to our current situation.

Because I have been advised my late stepmother did nothing wrong legally the only chance I have is to keep my story in the public domain in the hope it will encourage the Cosgrove’s to do the right thing. Also I want to warn others that Mirror Wills should be used with great care if at all.

Also if anyone is prepared a sponsor a website to help promote my message or obtain television or press coverage then I would be very interested to hear from them.

I am available to come and speak at Client seminars, provided my costs are met, as I believe I have a very powerful message to deliver. Should you require any further information please call me on 01702-390682 or email me at s.n.herd@btinternet.com If you are involved in the media or web industries your help would be especially appreciated

[Celestine]

Re: Last Will and Testament could not be further from the truth

Hi Stuart

A warm welcome to LegalBeagles.

The story you tell is quite horrific, your poor father never intended this outcome for his family.

First of all, can you tell us about any formal legal advice you've received about the will.

Obviously, the media attention this story is beginning to create could encourage your step family to reconsider their very selfish actions. They literally have denied 'the last will' of your father by taking this route.

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

You may think the headline is very dramatic but you could not be further from the truth. My late stepmothers's cruel act of betrayal has left a scar that just won't heal even after 3 years.

After my mother died my father William Herd married my stepmother Dorothy (formerly Cosgrove). Shortly afterwards they visited a medium sized firm of Solicitors in Rayleigh, Essex and arranged for mirror Wills to be prepared. Under the terms of those mirror Wills the estate first passed to the surviving spouse and then to my stepbrother Michael Cosgrove and myself in equal shares.

What people often overlook is that Mirror Wills are only suitable for partners that can be trusted to carry out your wishes. Where a partner cannot be trusted or lacks basic morals the consequences can be disastrous.

Following my stepmothers death in 2012, I discovered she had changed her Will in 2008 and left everything to her own family in Wigan (Michael and Jackie Cosgrove and their adult children). Legally she was quite entitled to do this but morally she had betrayed my late father and broken her promise to me. It should be noted there was never a cross word between us and we had remained in constant contact following my late father’s death.

I had done everything asked of me by my late father and ended up losing my family inheritance of approximately £150,000 which also included the estates of my late grandparents and mother. The Cosgrove’s are fully aware of the situation but still refuse to do the right thing. A legacy of £150,000 was simply not enough for them they had to take mine as well.

Even some three years on I still cannot come to terms with the consequences of my stepmother’s actions. As a youngster I had a very hard upbringing where money was always scarce and this family have just come along and taken everything. My inheritance or part of it would have made such a difference to our current situation.

Because I have been advised my late stepmother did nothing wrong legally the only chance I have is to keep my story in the public domain in the hope it will encourage the Cosgrove’s to do the right thing. Also I want to warn others that Mirror Wills should be used with great care if at all.

Also if anyone is prepared a sponsor a website to help promote my message or obtain television or press coverage then I would be very interested to hear from them.

I am available to come and speak at Client seminars, provided my costs are met, as I believe I have a very powerful message to deliver. Should you require any further information please call me on 01702-390682 or email me at s.n.herd@btinternet.com If you are involved in the media or web industries your help would be especially appreciated

Update:

I can't help but think that as the gifts of the estate had conditions attached they were therefore never made perfect, so the gift in their failure would ordinarily pass back to the deceased estate under a 'resulting trust.'

Even promises made verbally (but better in writing) could defeat a will so the first promise made in writing via the will could defeat a second will made in 2008. You said 'left for surviving spouse' and afterwards, 'to your step brother and you in equal shares.' What date was this first will made? It sounds like there is a term 'for life' and then 'remainder' provisions. You may not have had strictly legal rights from the testatrix (female will maker) for the promised gifts to pass to you. But under the rules of equity, you may have some rights ie unconscionable for the will maker to change their mind. What actions did you take to challenge the will?

[Noah]

Re: Last Will and Testament could not be further from the truth

Openlaw, with respect you are not trained or experienced in Wills and Probate which in itself is a complicated matter.

Having said that I do think there could be some opportunity to challenge the will although as quoted to me by a lawyer, 'the only people who win in such cases are laywers'

I am assuming that the OP has taken some legal advice because what i find surprising is that a last will and testament can be completely rewritten by the beneficiaries and executors hence when my father died , his will was largely ignored with the consent of my mother and elder sister who were executors. ( I say ignored however the estate passed in its entirety to my mother but the Trust that was required was not implemented .

This is however a huge problem now that so many people divorce or remarry after bereavement and estates fall outside of the 'family'

I am also a victim of a missed inheritance after a very large sum of money was left to charity after previously being promised to the 'family'
It is after all only money but I do understand the feeling of betrayal

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

Openlaw, with respect you are not trained or experienced in Wills and Probate which in itself is a complicated matter.

Having said that I do think there could be some opportunity to challenge the will although as quoted to me by a lawyer, 'the only people who win in such cases are laywers'

I am assuming that the OP has taken some legal advice because what i find surprising is that a last will and testament can be completely rewritten by the beneficiaries and executors hence when my father died , his will was largely ignored with the consent of my mother and elder sister who were executors. ( I say ignored however the estate passed in its entirety to my mother but the Trust that was required was not implemented .

This is however a huge problem now that so many people divorce or remarry after bereavement and estates fall outside of the 'family'

I am also a victim of a missed inheritance after a very large sum of money was left to charity after previously being promised to the 'family'
It is after all only money but I do understand the feeling of betrayal

This is normal law degree stuff....wills and beneficiary gifts. So, with respect to you also am qualified to have an opinion on the matter, are you? Have you studied wills as part of your degree?

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

I did appoint a Solicitor to act on my behalf and he duly contacted the Cosgrove's through their Solicitor suggesting that it was my fathers intention that I should receive half of the estate upon the death of both himself and my stepmother. Furthermore he contented when she changed her Will she specifically stated in the Will that I had been excluded for the reasons given in a separate statement. In the separate statement she said there had been no contact between us for over 10 years. This was simply untrue as we stayed in regular contact throughout this period and she even sent me a cheque several days before for my birthday which can be confirmed from my Bank statements. My Solicitor contented by making this statement she felt it necessary to justify breaking her moral obligation.
When I visited my father in Clacton Hospital he explained to me he was to ensure my stepmother was well provided for after he died but I would receive my family inheritance upon her passing. At my fathers funeral, which I thought was totally inappropriate, she confirmed what my father had said.

My Solicitor felt if I continued with the proceedings I was likely to receive a settlement but I just could not afford to take a chance as regards the legal costs involved. The Cosgrove's Solicitor replied to the first letter and then ignored all further correspondence other than to say the Cosgrove's wished to respect my stepmothers last wishes. Mr father's love for my stepmother has been repaid in the most evil way possible.

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

The first will was made in 1989. There was no provision that said after a certain time my stepmother could betray my father by going against his wishes..

[Noah]

Re: Last Will and Testament could not be further from the truth

I really am sorry about your case, did you ever explore the possibility of a negligence claim against the solicitors who advised on the mirror wills.
At £200 per hour upwards for an experienced solicitor it is an expensive business challenging wills.

I am not sure that posting on an Internet forum will gain you much leverage but from what I gather from celestine's post there is more publicity out there.

[charitynjw]

Re: Last Will and Testament could not be further from the truth

Have you actually seen/read the will?

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

I did appoint a Solicitor to act on my behalf and he duly contacted the Cosgrove's through their Solicitor suggesting that it was my fathers intention that I should receive half of the estate upon the death of both himself and my stepmother. Furthermore he contented when she changed her Will she specifically stated in the Will that I had been excluded for the reasons given in a separate statement. In the separate statement she said there had been no contact between us for over 10 years. This was simply untrue as we stayed in regular contact throughout this period and she even sent me a cheque several days before for my birthday which can be confirmed from my Bank statements. My Solicitor contented by making this statement she felt it necessary to justify breaking her moral obligation.
When I visited my father in Clacton Hospital he explained to me he was to ensure my stepmother was well provided for after he died but I would receive my family inheritance upon her passing. At my fathers funeral, which I thought was totally inappropriate, she confirmed what my father had said.

My Solicitor felt if I continued with the proceedings I was likely to receive a settlement but I just could not afford to take a chance as regards the legal costs involved. The Cosgrove's Solicitor replied to the first letter and then ignored all further correspondence other than to say the Cosgrove's wished to respect my stepmothers last wishes. Mr father's love for my stepmother has been repaid in the most evil way possible.

I was thinking of the mutual wills' law, what you called the mirror wills, point. However, if she's misrepresented the truth for a substantial gain (hers/ family) or another's loss (yours, your potential successors' loss), by that alone is potentially fraud under the 2006 Act. There are cases going back to 1905 to give effect to mutual wills actually. Did you keep copies of his will? There was no obligation for you to keep in touch with your in laws so as to inherit your 50%, that was not a contingent aspect (condition) of your father's will. As you're a blood relative (son), you would have been better off from your father's will as a blood beneficiary to make a claim under intestacy rules. What were the actual terms of your father's will verbatim (ie word for word). Had you continued on your solicitor's instruction you'd likely have received the 50% of the estate promised as promised by your father...plus interest, and maybe some damages (compensation) too for the problems it caused. Your solicitor could have claimed for costs too owing to the woman's deceit if nothing else.

[charitynjw]

Re: Last Will and Testament could not be further from the truth

There is a small but important difference between mirror & mutual wills.

[Stuart Herd]

Re: Last Will and Testament could not be further from the truth

Have you actually seen/read the will?

Yes I have a copy of the Will and it is a Mirror rather than a Mutual Will. If it had been the latter I would not have had this problem.

- - - Updated - - -

I asked the solicitors why Mirror Wills were prepared and they said the only documents they had on file were copies of the actual Will. I said I found it amazing they had held a meeting with my father and stepmother and subsequently prepared 2 Wills without any attendance notes.

[charitynjw]

Re: Last Will and Testament could not be further from the truth

If definitely a mirror will, then I think the surviving partner has a legal right to disregard the mirror will & make another in whatever manner they want.

Provided they are of 'sound mind', of course!.................

But I could be wrong (so don't tell my OH about my musings, lol!)

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

Yes I have a copy of the Will and it is a Mirror rather than a Mutual Will. If it had been the latter I would not have had this problem.

- - - Updated - - -

I asked the solicitors why Mirror Wills were prepared and they said the only documents they had on file were copies of the actual Will. I said I found it amazing they had held a meeting with my father and stepmother and subsequently prepared 2 Wills without any attendance notes.

Ok would you mind putting a copy of the wills here, minus personal stuff etc. Her last will was made in 2008 but she died in 2012. Did you sign anything to say that you will drop the claim and will not challenge it again? What date did you decide enough was enough, owing to being concerned about lawyers' costs and bringing the case. When was your last instruction to your solicitor (or hers to you)? How far did you actually get prior to settlement?

It would be useful if her original will and your father's could be viewed and compared to see the exact terms, actually.

[Openlaw15]

Re: Last Will and Testament could not be further from the truth

I really am sorry about your case, did you ever explore the possibility of a negligence claim against the solicitors who advised on the mirror wills.
At £200 per hour upwards for an experienced solicitor it is an expensive business challenging wills.

I am not sure that posting on an Internet forum will gain you much leverage but from what I gather from celestine's post there is more publicity out there.

I was thinking this also, but the solicitor can only give advice and it's up to the will makers to make the final decision. Were mutual wills considered by the testators and then rejected? Was it father's intention to give his spouse options to amend terms perhaps owing to persons being unborn then but could be in the future.