Meet the Other Phone. Only the apps you allow.

Meet the Other Phone.
Only the apps you allow.

Buy now

Please or to access all these features

AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to want to see the will?

266 replies

tremble · 23/04/2016 21:46

NC for this, just in case. We've just found out a distant relative has died, and the funeral was yesterday. My DS and I are pretty angry that we weren't told, as we knew the relative when we were children and would like to have paid our respects.

We found this out today when we got a letter from relative's sister saying that the relative hadn't signed their will, so we and a few cousins and aunts etc will inherit a share of their estate. But the sister says she wants to honour the unsigned will and has asked us to revoke our shares so she can do this. We hadn't expected to inherit anything so we're not fussed about the money which probably won't be much, but we thought we'd ask to see the unsigned will so we can be sure that if we give up our shares then it goes to the right people.

But the sister says we're not allowed see it. She won't even tell us which solicitor is handling the estate and got pretty angry when we asked, saying we had no right. Her behaviour seems a little suspicious but we haven't really any experience with wills. Is it unreasonable to ask to see it? And what would you do?

OP posts:
coconutpie · 01/05/2016 22:31

You need to involve tbe police now if she is stealing from a deceased's estate.

tremble · 01/05/2016 22:43

I'm not sure what to do. She is adamant that she is acting within the law and under legal advice, but that doesn't seem very likely given what she is doing.

But one or two family members are quite hard up and are happy to accept the money now that they can do so with a clear conscience.If we contacted the police (three of us full of doubts) then they would probably be more than a little miffed at us. I don't want the relative to get off scot free with this, but the others don't seem that bothered that she has tried to swindle us.

A lot of food for thought...

OP posts:
AyeAmarok · 01/05/2016 22:44

Oh Jesus. Wasn't expecting her to have that much of a brass neck!

Is she quite hard-up for money? Or is she just this sort of person?

NotDavidTennant · 01/05/2016 23:00

"But one or two family members are quite hard up and are happy to accept the money now that they can do so with a clear conscience."

How do these family members know that the money she is offering is the full amount that they're entitled to? Given her past behaviour I would assume she is still going to try to rip you all off by lying about the size of the estate and offering you a lower amount than you're due.

That's assuming that she even has the legal authority to distribute this money amongst you, which seems unlikely.

CotswoldStrife · 01/05/2016 23:03

Could you contact the Sheriff's Court for advice on what to do next? As others have said, she may not even be offering the right amount. You don't need to administer an estate through a solicitor usually, but in this case I'd be tempted to insist if it is at all possible!

Maryz · 01/05/2016 23:08

This reply has been deleted

Message withdrawn at poster's request.

gingergenie · 01/05/2016 23:15

I would imagine that if they accepted the money, and it was subsequently found out that it was dished out illegally, they would have to give it back??? Maybe check that out and mention to the other family members who are more willing to go for the quick win?

educatingarti · 01/05/2016 23:16

I've started wondering, but maybe I read too many detective novels! When you said this sister had poa, alarm bells started ringing. Could it be that she head misused the poa to spend on things other than the benefit of the deceased. Now she is scared that this will come to light as things go through probate. By getting you to agree to the "new will" she is hoping to cover up what she has done. I may just have a very suspicious mind though!

GnomeDePlume · 01/05/2016 23:29

Being of a suspicious disposition (and having a decidedly light fingered relative) my guess is that she has already spent the cash against an assumption that the estate would be left entirely to her.

The cheques she is now offering will be from her own account.

OVienna · 01/05/2016 23:30

I think educating could well be right: Some, if not most, of the money went during the relative's lifetime. You not being informed of the funeral was one clue something was weird imo. She's a shocker and I wouldn't let things lie.

WhoTheFuckIsSimon · 01/05/2016 23:41

Even if she offers everyone 1k doesn't mesn she's not keeping 5k or more back for herself.

RustyParker · 02/05/2016 00:06
Shock

No will, not informing relatives of death or funeral, POA, lying about a will, trying to "settle" the estate without providing proof of estate.

This woman is pulling a fast one and I woudn't hesitate to report her behaviour to everyone I could think of; Sheriff, police etc. Definitely don't bank her cheque and agree with pp that the cheque will be from her own bank rather than your deceased relative.

tremble · 02/05/2016 00:29

She has already said the bank has paid her the money from the accounts, claiming they send it not at her request, but because it's "the law" (bollocks!). So yes, I expect any cheques will be from her own account.

I don't think the ones who are happy to take the money are bothered about whether it's the right amount or not. I think they're viewing anything as a bonus as they weren't expecting anything in the first place. I want justice, but just not sure how to go about it without pissing everyone else off.

Agree that what she sends is unlikely to be the full whack, and we're probably talking in the low hundreds rather than 4 figures. Is it worth standing on my principles for, I wonder?

Will perhaps try to make subtle enquiries with the Sherriff court again tomorrow.

OP posts:
BurningTheToast · 02/05/2016 07:30

I think you should stick to your principles - what she's doing is wrong. Also, just because you don't think that the estate was a large one, that may not be the case. I've been surprised in the past. Would the people happy to take the amount she's offering without querying it further be as happy if they knew that they were being shortchanged?

I suspect that the situation might be as someone suggested up-thread - she's been light-fingered and is hoping to cover it up by distributing the estate like this. Sadly I've seen that happen too.

Hopefully the Sherriff court will be helpful.

Penfold007 · 02/05/2016 07:56

Contact the Office of the Public Guardian in Scotland on Tuesday, she has breached her duties as Power of Attorney and they will advise you. No bank should release money without the correct paperwork. I've been executor for a Scottish will and dealt with an intestate estate in England there are lots of rules to follow.

blueskyinmarch · 02/05/2016 08:11

My goodness this is a bit of a thrilling thread (but also sorry for your loss OP). Very cloak and dagger. I hope you get it all sorted out and get any money that is due to you.

Fwiw i also thing your relative has been misusing her mother’s funds all along and is now worried she will be found out so is trying to pay you all off.

OVienna · 02/05/2016 10:01

The thing you need to tell your relative's is that if she's done something wrong legally you may not be able to prove you weren't in on it. You have sent that letter which is good. But for the sake of a couple of hundred pounds would they really want to risk being investigated? I think it's a terrible idea accepting money from her bank account without a proper legal paper trail in place, which you don't have.

OVienna · 02/05/2016 10:03

I wouldn't worry about pissing anyone off- protect yourself here.

AugustaFinkNottle · 02/05/2016 10:05

Do you know what bank the deceased's account was with? It could be worth checking that they were told of her death at the time.

coconutpie · 02/05/2016 10:22

Stick to your principles and report her. I'm sure your relatives (regardless of being strapped for cash or not) would appreciate their rightful inheritance - what if it means a few thousand rather than a few hundred?

I wouldn't believe a word that woman says about what's rightfully / legally hers. She's just trying to screw you all.

Hissy · 02/05/2016 10:43

She's emptied that account without telling them of the death.

This is so far from legal it's not true, it doesn't matter if she's stealing a few pence, it's still deceitful and theft.

Maryz · 02/05/2016 12:28

This reply has been deleted

Message withdrawn at poster's request.

Maryz · 02/05/2016 12:38

This reply has been deleted

Message withdrawn at poster's request.

ChipperCharlie · 02/05/2016 13:23

Watching with great interest and maybe making a note of some savvy and really helpful posters on this thread for advice about my own personal shit-storm approaching

dowhatnow · 02/05/2016 14:54

please nnlighten us chipper