Will and distribution

[judemorgan]

Long story short: my wife's mum died in a care home in December 2021. She was 78, and after a very active life in career and local politics succumbed to galloping Alzheimers. Before that she was very careful to make her will. Her family consists of two daughters - my wife and her sister - and the grandchildren from each. She had a property (suburban bungalow) to leave, also some physical assets (jewellery etc) and shares. Her will specified that her estate be distributed in a certain way: if her bungalow had to be sold (which was inevitably the case once she had to fund her care home fees) then the resulting estate should be divided between those of her family whom she felt had helped her. This was my wife, who was her mum's full-time primary carer for the last three years before she couldn't live independently any more - and she would have looked after her mum longer if she could - and her grandchildren. For my wife's sister she made a special provision, which was the sum of £1000 and the family jewellery. Probate was granted more than a year ago. Only in the last couple of months have the solicitors told us that estate distribution is a possibility. But according to them they can't make distribution until my wife's sister has agreed to her part of it, in case she wants to contest the will. So she has to attend the solicitor's office and give a signature. My wife's sister is unfortunately a person with a history of addiction, crime etc, now complicated by dementia. She's often on the streets/of no fixed abode, and though her son has tried his best to prompt her to sort out her inheritance - which would really help her financially - by making appointments with the solicitor, she forgets, or disappears off the radar. It's a strange situation I know, but very stressful on all the family - and the solicitors say they've never had to deal with anything like this before, and have no suggestions. So everything is at a standstill, apparently for ever, and there's no closure or justice for anyone. Thanks for listening anyhow.

[atticus]

I think you should challenge your solicitor to get on with it. The 6 month time limit (after probate) for an Inheritance Act claim has passed.

You have not said who is executor.

[judemorgan]

Thank you Atticus. The executor is the solicitor. Two named members of the firm were appointed Trustees, though we have never had any direct contact with them.