Contesting a Will

[sdenny]

I am about to contest a will and hoping for some advice.

My relatives had always written wills so the spouse would receive the estate or my aunts side 50% and my uncles side 50%.

About 6 years ago the will was redrafted by a different solicitor changing everything to wishes. My aunt died but before informed me she had savings plans for me and the children. She also stated that her jewellery would be split between my daughter and another relative.

My uncle stated he could not give the money as the solicitor advised him he would be taxed.

He did give some of the money slowly but very very little and none to the children.

He then became ill and gave power of attorney to his nephew.
6 months later he rewrote the will while very ill. The same solicitor did the will. However everything was put in a trust using wishes with his nephew in control and not legally bound.
We did not know about this.

He still stated that we would receive the money.

He then died.

Despite being a beneficiary the solicitor did not give us a copy of the will. The PRs have not contacted us and when we contact the PRs or solicitor we are met with silence.

We heard probate was granted and the will change discovered when we downloaded the will from the website.

Any advice on how to proceed greatly appreciated.

[Kati]

Re: Contesting a Will

Hi [MENTION=89722]sdenny[/MENTION] ... I've moved your thread and I'm tagging [MENTION=85500]Peridot[/MENTION] for help (she's good at will stuff ) xx

[Peridot]

Re: Contesting a Will

Hi sdenny,
Not sure I've understood correctly. Is this your uncle who has died and his wife your aunt died previously?
What is the rest of the family situation, did your aunt and uncle have their own children?
Unfortunately the fact that traditionally in your family wills have been prepared in a particular way has no bearing on what someone chooses to do in their own will.
Did you have anything in writing from your aunt about the funds that were due to you? Have you received regular 'income' from your Uncle since your aunt died?
It sounds like your Uncle created a discretionary trust of his estate that your cousin (?) who is the executor has become the trustee of, is that correct?
Do you know if your uncle left an expression of wishes as to how he would like the trust used?
Sorry more questions than answers at this stage.

[sdenny]

Re: Contesting a Will

Hi Yes my Aunt died first and then my uncle died after.

They had no children.

My uncle left an expression of wishes which we have asked for with no reply. We have also asked for estate accounts and sent a Larke v Nugus letter all with no reply.

Nothing in writing from my aunt.

My uncle was very ill when he rewrote the will and his nephew had ppwer of attorney.

He did create a discretionary trust.

Hi sdenny,
Not sure I've understood correctly. Is this your uncle who has died and his wife your aunt died previously?
What is the rest of the family situation, did your aunt and uncle have their own children?
Unfortunately the fact that traditionally in your family wills have been prepared in a particular way has no bearing on what someone chooses to do in their own will.
Did you have anything in writing from your aunt about the funds that were due to you? Have you received regular 'income' from your Uncle since your aunt died?
It sounds like your Uncle created a discretionary trust of his estate that your cousin (?) who is the executor has become the trustee of, is that correct?
Do you know if your uncle left an expression of wishes as to how he would like the trust used?
Sorry more questions than answers at this stage.

[sdenny]

Re: Contesting a Will

Hi Yes my Aunt died first and then my uncle died after.

They had no children.

My uncle left an expression of wishes which we have asked for with no reply. We have also asked for estate accounts and sent a Larke v Nugus letter all with no reply.

Nothing in writing from my aunt.

My uncle was very ill when he rewrote the will and his nephew had ppwer of attorney.

He did create a discretionary trust.

Any help appreciated.

[Peridot]

Re: Contesting a Will

Hi sdenny,
As this is a discretionary trust none of the potential beneficiaries are 'entitled' to see the expression of wishes. This is for the trustee's guidance. It is not legally binding but does carry significant moral weight.
It appears that as you are not a named residuary beneficiary, but a potential beneficiary of a discretionary trust. As this is a discretionary trust you can't force the trustees to pay any sums out of the trust.
Without any specific legacy under the Will you will have an uphill struggle obtaining any 'legacy' or sum you were informed (outside of the Will) may be due to you.
You need to get some face to face advice on any options there may be, for example if you believe the trustee is not performing their duties correctly, although this will be difficult when dealing with a discretionary trust situation.