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Hi All,
I hope you can help.
My father died 7 years ago leaving a witnessed and a doctor capacity checked will - still not fully disbursed and ongoing, (There have been interim payments). This will split the estate:
10% to my brother.
40% to my Dad’s friend
50% to myself
However, the papers and notes from the will writer. State that Dad wanted his estate split 50 50 between myself and his friend, and for my brother his son to receive “nothing”. The will writer advised my Dad against this and that my brother should be left with 10% so that he did not bring a claim against the estate. Hence Dad reduced his friend’s 50% share that he had wished they receive to 40%. As a result of this Dad’s friend lost out on over 50k, they would have received had Dad’s original wishes been upheld.
The will does not have a “no claim” clause, nor is there any actual agreement with my brother that accepting the 10% limits him making a claim or limits him causing delays. Since the will has been read my brother has caused a whole host of issues.
And now over 7 years has passed since my father died and the will is still ongoing with my brother refusing to cooperate with the executors, as he is “unhappy with the will”, (last email), the friend of Dad’s has been in contact with me, having discovered the change from Dad’s wishes due to the will writer’s advice and asking if it was legally sound advice, for if it was how come my brother is able to cause these delays?
And asking if they have a claim against the will writer, for the 10% loss due to their advice. And if I have a claim against them due to the added legal costs dealing with my brother? Each letter to him costs 250 plus vat, it’s not cheap.
Is this negligence? Should the will writer have advised this no strings attached gift as a way of preventing a claim or should they have advised a “no claim” clause or provided an actual agreement with my brother for the 10% for his cooperation.
Was the advice that the 10% would in any way limit my brother from bringing a claim even legally correct, I can’t find any case law for this. It appears as just a gift. And a loss to the estate with no consideration.
Either the “no claim” clause, or a 10% agreements signed by my brother would appear to have had more teeth but does that mean what the will writer did was negligence.
Nor was dad advised that as a consequence of including my brother he would gain beneficial rights and being troublesome would be able to use those rights, as he is, to delay disbursement, and bring additional cost to the estate managing him, each letter to him, as mentioned, costs 250 plus vat, it’s not cheap.
Any advice would be appreciated.
I hope you can help.
My father died 7 years ago leaving a witnessed and a doctor capacity checked will - still not fully disbursed and ongoing, (There have been interim payments). This will split the estate:
10% to my brother.
40% to my Dad’s friend
50% to myself
However, the papers and notes from the will writer. State that Dad wanted his estate split 50 50 between myself and his friend, and for my brother his son to receive “nothing”. The will writer advised my Dad against this and that my brother should be left with 10% so that he did not bring a claim against the estate. Hence Dad reduced his friend’s 50% share that he had wished they receive to 40%. As a result of this Dad’s friend lost out on over 50k, they would have received had Dad’s original wishes been upheld.
The will does not have a “no claim” clause, nor is there any actual agreement with my brother that accepting the 10% limits him making a claim or limits him causing delays. Since the will has been read my brother has caused a whole host of issues.
And now over 7 years has passed since my father died and the will is still ongoing with my brother refusing to cooperate with the executors, as he is “unhappy with the will”, (last email), the friend of Dad’s has been in contact with me, having discovered the change from Dad’s wishes due to the will writer’s advice and asking if it was legally sound advice, for if it was how come my brother is able to cause these delays?
And asking if they have a claim against the will writer, for the 10% loss due to their advice. And if I have a claim against them due to the added legal costs dealing with my brother? Each letter to him costs 250 plus vat, it’s not cheap.
Is this negligence? Should the will writer have advised this no strings attached gift as a way of preventing a claim or should they have advised a “no claim” clause or provided an actual agreement with my brother for the 10% for his cooperation.
Was the advice that the 10% would in any way limit my brother from bringing a claim even legally correct, I can’t find any case law for this. It appears as just a gift. And a loss to the estate with no consideration.
Either the “no claim” clause, or a 10% agreements signed by my brother would appear to have had more teeth but does that mean what the will writer did was negligence.
Nor was dad advised that as a consequence of including my brother he would gain beneficial rights and being troublesome would be able to use those rights, as he is, to delay disbursement, and bring additional cost to the estate managing him, each letter to him, as mentioned, costs 250 plus vat, it’s not cheap.
Any advice would be appreciated.
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