Inheritance Help

[Openlaw15]

Re: Inheritance Help

Yes there is a will, his father's solicitors are the executors, there is no suggestion of dodgy business from them, my friend feels he should have been better provided for because of his circumstances.

His father always seemed to reject him from childhood, although he always tried to maintain a relationship. He always visited him at home, and in the care home, but his father even kept him out of his health care plan, which proved much to the detriment of the father's care .

His lack of self esteem and confidence he puts down to his upbringing, with which I agree.

I have studied Wills' law academically...do you have a copy of the Will that can be copied and pasted on here? The general rule is that testator's (Will maker) commands (ie instructions) are binding, ie the executor has to follow them even if the charities receive nearly all the estate. However, the court has the power to look after the beneficiary even if it were different, or against, the deceased father's intent. i know this because I once read a relevant legal journal, where American commentators were saying that US law is, in all circumstances, the testator's intent cannot be changed, whereas in UK (well England's law) this is not the case at all. So, it wouldn't surprise me if the Supreme case that Amethyst refers to will award more for adult beneficiaries.

[Openlaw15]

Re: Inheritance Help

The remainder of the estate is left to two charities, cancer and epilepsy, which the father had no direct connection with, but the mother died of cancer, and the sister of epilepsy.

The tragedy of this case, as I see it, is that if his sister was still alive, the father would probably have left all the estate to her, and she would unhesitatingly have given half to her brother.

In the ILot 2015 Court of Appeal case, the beneficiary was estranged from the parent for 26 years. This CA Court held that dependants are entitled to reasonable provision. The estate was worth 468,000. Said beneficiary was permitted money to purchase a home for about £143,000, at para 62. I note also the beneficiary was not provided for at all, so I think this supports your friends case as the fact he was left 20k presumes he was in his mind for his future contemplation.

I do not believe the UK Supreme Court's decision will be different because the UK Supreme Court is essentially a constitutional court, meaning it's the highest court of the land and must deal with people's rights fairly.

[HelpfulFriend]

Re: Inheritance Help

Thank you very much for all the replies. The Will is 7 pages long, I will try to post the first couple of pages.

The state of play so far: When the father died the son was told a new will had been made in his favour, the father's solicitor's denied all knowledge of this. I advised my friend to put in a Caveat, which was accepted. Subsequent enquiries at the solicitors found a member of their staff had visited the father at the care home Dec '15, but the existing will of 2007 was not changed.

The solicitors issued a Caveat Warning to the son, I advised him that as there was now no strong case for putting in an appearance to the Caveat, it would be financially too risky, as the solicitors/charities could have it overturned at Court, all costs being paid by the son.

Added to which the Warning was dated 8th March, posted 10th March, received 12th March, we understood left only 2 days to put in the appearance anyway.

The inheritance solicitors we approached have written to the father's solicitors, and the charities, giving notice, and are now awaiting a signed CFA agreement, and would like a decision on Monday, but the son is too scared by the potential costs to proceed.

[HelpfulFriend]

Re: Inheritance Help

Here are the first two pages of the Will. Strangely it has mistakes, such as "dame of death", and the witness has signed her name, but printed only her forenames it appears, not her surname, but I have been told these are not significant.

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Second page

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Three and four

[HelpfulFriend]

Re: Inheritance Help

Five and six

[HelpfulFriend]

Re: Inheritance Help

I am very interested in what is meant by clause 9: Extended power of maintenance, and clause 19: Power of appropriation.

[Kati]

Re: Inheritance Help

[MENTION=77627]Openlaw15[/MENTION] ??

[Amethyst]

Re: Inheritance Help

How is the 350k estate made up - is it solely the father's property and bank accounts ? Much in the way of chattels ( furnishings / cars etc ) ?

[HelpfulFriend]

Re: Inheritance Help

Yes the estate is just a house, up for sale at the moment, price already reduced, and savings account. As of Friday the Probate did not show yet on the online probate search.

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Do the will photos show? I can see them on my PC, but not my tablet?

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Aha, got it, need to switch to "desktop view" to see photos.

[HelpfulFriend]

Re: Inheritance Help

Two pages from the probate solicitor approached by the son, giving concern about costs.

[Amethyst]

Re: Inheritance Help

What's Schedule 4 say?

[HelpfulFriend]

Re: Inheritance Help

Here is schedule 4

[HelpfulFriend]

Re: Inheritance Help

And schedule 1

[Amethyst]

Re: Inheritance Help

Here is schedule 4

Not very informative is it. I realise they are not recommending he take ATE straight away but an idea of cost would help.

I think he should be making enquiries with another firm with regards the insurance - mostly it would only cover well over 50% chance of success cases. As with anything - shop around.... ensure he informs firms that he needs to have a clear idea of the costs of any insurances required to cover him in the event he lost the case.

Who put the property up for sale?

[HelpfulFriend]

Re: Inheritance Help

The property was put up for sale by the executor solicitors. My friend was allowed very limited access under supervision to retrieve the chattels.

He is particularly upset that his father's coin collection, (which was a hobby) was taken by the solicitors after he pointed it out.

Also enclosed costs estimate from Case Fact Sheet.