Mothers Will

[Willemite]

Hello everyone, I'm new to the forum and hope someone will be able to assist me with the following:-

My sister (youngest) has been named as the legal executor of my mums will, which I have no problem with. My eldest sister obtained a copy of the 'will' and no mentioned of her two other daughters in the Will. Our mother did leave an immediate lump sum to her grandaughter without incurring inheritance tax . She did state at the bottom of the 'Will' my sister is to ensure everyone receives something. She had a total of 3 daughters and one son. Nothing has been received as yet and it has been 3 months. My eldest sister and I are just wondering how we can check to see which newspaper she advertised the brevement etc. as I think this is the official thing to do, to ensure our mother didn't own money to anyone. I know that it went to Probate. Our sister has not and will not communicate with us. We had to receive text messages from her daughter when our mother died. So we feel that any money which should come to us, will not. What can we do just to know what is going on without causing a family rift.

[Amethyst]

Re: Mothers Will

It sounds like you already have a bit of a family rift there, and sadly death and wills too often serves to make those rifts harder to heal. Would your mother's estate have been very large?

When you say your eldest sister obtained a copy of the ''will'' and found no mention of her other two daughters, do you mean only your youngest sister was named?

And why the quote marks around will ? do you have concerns about its authenticity ?

[charitynjw]

Re: Mothers Will

Hello everyone, I'm new to the forum and hope someone will be able to assist me with the following:-

My sister (youngest) has been named as the legal executor of my mums will, which I have no problem with. My eldest sister obtained a copy of the 'will' and no mentioned of her two other daughters in the Will. Our mother did leave an immediate lump sum to her grandaughter without incurring inheritance tax . She did state at the bottom of the 'Will' my sister is to ensure everyone receives something. She had a total of 3 daughters and one son. Nothing has been received as yet and it has been 3 months. My eldest sister and I are just wondering how we can check to see which newspaper she advertised the brevement etc. as I think this is the official thing to do, to ensure our mother didn't own money to anyone. I know that it went to Probate. Our sister has not and will not communicate with us. We had to receive text messages from her daughter when our mother died. So we feel that any money which should come to us, will not. What can we do just to know what is going on without causing a family rift.

Normally the London Gazette (sect 75, I think)

[Openlaw15]

Re: Mothers Will

Hello everyone, I'm new to the forum and hope someone will be able to assist me with the following:-

My sister (youngest) has been named as the legal executor of my mums will, which I have no problem with. My eldest sister obtained a copy of the 'will' and no mentioned of her two other daughters in the Will. Our mother did leave an immediate lump sum to her grandaughter without incurring inheritance tax . She did state at the bottom of the 'Will' my sister is to ensure everyone receives something. She had a total of 3 daughters and one son. Nothing has been received as yet and it has been 3 months. My eldest sister and I are just wondering how we can check to see which newspaper she advertised the brevement etc. as I think this is the official thing to do, to ensure our mother didn't own money to anyone. I know that it went to Probate. Our sister has not and will not communicate with us. We had to receive text messages from her daughter when our mother died. So we feel that any money which should come to us, will not. What can we do just to know what is going on without causing a family rift.

The main problems you have with this will is there is no certainty of subject (the gift type), ie 'ensure.... receives something....' There is no certainty of object, ie no named beneficiaries (everyone). It is difficult to know how there could even be certainty of your mother's intention, which is the 3rd requirement for a valid will. Does 'receive' mean gift, it could well be that receives means something but for a price. Contrast this to, 'leave lump sum to grand-daughter without incurring inheritance tax. See this is very precise, assuming she only had one grand daughter (ie no name given), and not contemplating future granddaughters. The fact that these were only mentioned at the end of the will do not seem to be a priority. You either calmly discuss the will with your younger sister, better with a 3rd party mediator, ie someone who is a good negotiator but calm under pressure too. Or, challenge the will which leads to even more of a family rift.

[Willemite]

Re: Mothers Will

The main problems you have with this will is there is no certainty of subject (the gift type), ie 'ensure.... receives something....' There is no certainty of object, ie no named beneficiaries (everyone). It is difficult to know how there could even be certainty of your mother's intention, which is the 3rd requirement for a valid will. Does 'receive' mean gift, it could well be that receives means something but for a price. Contrast this to, 'leave lump sum to grand-daughter without incurring inheritance tax. See this is very precise, assuming she only had one grand daughter (ie no name given), and not contemplating future granddaughters. The fact that these were only mentioned at the end of the will do not seem to be a priority. You either calmly discuss the will with your younger sister, better with a 3rd party mediator, ie someone who is a good negotiator but calm under pressure too. Or, challenge the will which leads to even more of a family rift.

Thank you all for such a quick response, the only thing I know is that mum grandchild was named with the lump sum, but my younger sister as mum's carer was also named as executor. No mentioned of either myself or other sister or brother by name was in the will, which we cannot understand. The amount in question was 20K to her grandchild without incurring inheritance tax and my eldest sister has found out that the bulk of the estate is in excess of 110K, apart from that I don't know anymore. Thank you

[Openlaw15]

Re: Mothers Will

Thank you all for such a quick response, the only thing I know is that mum grandchild was named with the lump sum, but my younger sister as mum's carer was also named as executor. No mentioned of either myself or other sister or brother by name was in the will, which we cannot understand. The amount in question was 20K to her grandchild without incurring inheritance tax and my eldest sister has found out that the bulk of the estate is in excess of 110K, apart from that I don't know anymore. Thank you

what was your mum's state of mind when writing the will, ie you say she had a carer by way of your younger sister who's also executor. Were your relationships, ie you, elder sister, and brother with your mum distant or close. Who was present, ie any beneficiaries/ family member when the will was made?

[Willemite]

Re: Mothers Will

I though I had replied to this last post, seems I did something wrong.
My mothers state of mind was good, no problem there, she was deaf, and had to rely on a frame in the house, couldn't' walk far so used a wheelchair, but unsteady at nearly 92 its understandable. My eldest sister and mother really didn't get on, don't know why and I didn't ask, if they wanted me to know they would tell me. As for my brother he didnt see mum in the last 30years. The only persons who say mum were of course sister and her daughter and myself and husband. However, my eldest sister always made sure that if mum needed anything, she would be there, we use to go 50/50 on any purchase. So in her own way she was thinking of mum. My younger sister would have been at the making of the Will as mum couldn't her anything etc. Mums signature is correct on the Will but the date was in the handwriting of my younger sister, as I've been told by my eldest sister. Mum use to send me seasonal cards in her handwriting but the envelope was always in my sisters. On another note the probate number was issued on 17 December, if this is any help. Thank you all once again.

[Willemite]

Re: Mothers Will

though I had replied to this last post, seems I did something wrong.
My mothers state of mind was good, no problem there, she was deaf, and had to rely on a frame in the house, couldn't' walk far so used a wheelchair, but unsteady at nearly 92 its understandable. My eldest sister and mother really didn't get on, don't know why and I didn't ask, if they wanted me to know they would tell me. As for my brother he didnt see mum in the last 30years. The only persons who say mum were of course sister and her daughter and myself and husband. However, my eldest sister always made sure that if mum needed anything, she would be there, we use to go 50/50 on any purchase. So in her own way she was thinking of mum. My younger sister would have been at the making of the Will as mum couldn't her anything etc. Mums signature is correct on the Will but the date was in the handwriting of my younger sister, as I've been told by my eldest sister. Mum use to send me seasonal cards in her handwriting but the envelope was always in my sisters. On another note the probate number was issued on 17 December, if this is any help. Thank you all once again.