Being left out of a will, feeling blue and confused

[Newbizmum]

Our mother died some months ago and it appears there was a change to the will a couple of months before she died, leaving around 98% of the estate (£300k) to my brother and his child with my children and I receiving just a few thousand. Previously the wills of both our parents and then my mother left it 50/50 to my brother and me.

I'll be honest and say that since the somewhat unexpected death of our mother, there have been occasions when the mind has wandered down the road of thinking what we would do with any inheritance. I certainly have not been mentally allocating it for things but rather like a daydream about how you would spend a reasonable but not jackpot lottery win, things like private schooling, perhaps a larger house and so forth.

My brother was initially very communicative but then changed and now doesn't want to discuss it, simply pointing me in the direction of the solicitors. I obtained a copy of the will only after searching the Probate Registry as neither he nor the solicitor would give me a copy.

It had always been an equal split, even before any wills were written but I didn't really consider what would happen because I enjoyed my parents being alive. Reading the will the other day made me feel sick, like I have not felt since I cannot remember when. I feel somehow less loved, second rate, if that makes sense ?

Aside from the mismatch, it worries me that this change, via a codicil, is full of typing errors, spelling and grammatical mistakes and is simply printed on blank A4 paper. All the other wills and codicils were written by the solicitor.

Perhaps because I feel this way I have come to thinking that perhaps this codicil is not real or worse, has been concocted. It appears signed with a reasonable signature (not the clearest photocopy) but the witnesses were just people down the street. I do not even know if this was ever given over to the solicitor but I somehow doubt it as there is no sign of a receipt stamp, which it would surely have.

Do I feel cheated ? yes, in a way. I didn't think this situation would arise for at least another decade but I also always assumed everything was as it had been discussed.

I can't think how the family could be mended after this. If my brother takes it all then it will leave a bitter pill and yes, some pangs of jealousy, which I know to be bad but I can't deny it. I certainly don't feel like going cap in hand. Yet if the feelings surrounding this strange codicil do not diminish, am I prepared to take it further and ask my own solicitor to investigate ? I simply do not know.

I think I could have taken it, albeit it with a little disappointment, if my mother had said she wanted to leave everything to my brother but this seems totally out of character. Even sidestepping the inheritance percentages, I "know" my mother would not make up this codicil at home, she was far too particular to leave anything like that to chance and I cannot envisage her signing something so full of errors, she being a school teacher after all. She certainly could not have made it herself as she didn't know how to type and didn't have a computer or printer.

Sorry for the long post but I don't really know where to turn as my brother has seemingly cut me out of his life. Yet if it has been done without my mother's knowledge or intention, the repercussions would be terrible.

How do I get over this and get back to feeling how I did before ?

[SomethingSuitablyWitty]

THis is truly shocking. I wish you every success in your efforts to get to the bottom of this awful affair OP.

[MsIngaFewmarbles]

:( OP I hooe you can get this resolved. I agree with other posters that you must go to the police as it definitely sounds like fraud to me.

[GnomeDePlume]

I had a read through the document linked to by Ponders. There are a number of types of fraud described but there were two which I thought might be particularly relevant to Newbizmum:

• Immediate post-death fraud where wills are suppressed or forged, codicils are forged or assets are removed or hidden
  
• Lifetime fraud where there is fraud in the preparation or completion of a will or abuse of power during the end of a persons life
  
  Either or both of the above could apply in this case.
  
  If we take Nebizmum's description of her brother and the situation as accurate then it would not have been beyond the wit of her brother to 'persuade' his mother to mortgage her property to his benefit. The will is then changed to ensure that assets go to the brother to pay off the mortgage.
  
  The problem is that this could easily be the situation either with or without fraud having take place. Whether fraudulent or not I could easily imagine that the brother would want to conceal what he had done.

[Longdistance]

Would a caveat put a stop to him doing anything?

Has your brother actually told his solicitor he has a sister. I know this sounds strange, but he could be trying to take over everything, and any money left on your dm bank account, he has given to you to keep you quiet.

Get some good legal representation asap, as I smell a rat on this one. Especially the codicil, especially the signatures on different pieces of paper

[BobbiFleckman]

can you get your hands on the original codicil? there are SUPERB paper forensics people who can do an expert report for relatively little money who can tell an enormous amount about how a document has been produced - i have come across them professionally in a similar case where a document was cut & shut (like this one sounds it has been) but you do need the original.

[advisemewisely]

have you had any further development on your situation?

[SomethingSuitablyWitty]

I have been wondering about this too. Hope you have managed to move things forward OP

[sashh]

You need to talk to a solicitor.

Check your house insurance, you might have legal cover that would cover a challange.

If you are sure this is a forgery / underhand / your brother changing things then get the police involved because it is fraud.

[cornflowers]

Was this finally resolved? Sounds like an awful situation to be in.

[Newbizmum]

Many thanks for all the comments and messages of support. I value the heartfelt kindness very much. I am able to give an update now.

I have good legal representation though it is horrendously expensive. However, there is no option else I could not explain to my children why their grandparents left them nothing and more importantly, why I never challenged what I knew to be wrong.

Having reviewed the original documentation at the Probate Office and not just poorly made photocopies, it is clear to me that additions have been made. I won't go into too much detail but suffice to say that the next step is to enlist the services of a forensic document examiner. If anyone knows of a truly good one with gravitas I would love to receive a recommendation. If they are cheap or flexible on terms then even better :)

However, I am minded to involve the police now. If alterations have been made, then that is fraud and fraud is a criminal offence. I know the repercussions of such action or at least I believe I do but someone close to me has stolen the future away from my children and I don't even think a simple financial settlement will suffice.

I want this plastered all over the front page of the newspaper to warn off other would be fraudsters when they see the prison sentence handed out to my brother in this case. If he has spent the money the solicitor has now distributed, then I want his house sold if need be. I don't care any more; he lost the right to be pitied when he sought to steal from my family.

I know this is not a nice feeling to have but I cannot see past retribution as I swallow the financial burden of righting a wrong. This will not defeat me, even if it defeats the guilty.

[3bunnies]

I would speak to the police. We are unfortunately having to involve them (completely unrelated incident - but also defrauding) and they have been great. I would also PM BobbiFleckman who posted on this page, she sounds as if she might have some contacts. I read your post a while ago, so pleased that you are making progress, but so sad that your bro could do that to you.

[3bunnies]

Maybe ask for your post to be moved to legal where there will be more relevant passing traffic.

[SavoyCabbage]

I'm glad you are pursuing this Newbiz, it must be very difficult for you.

[Newbizmum]

Not sure how to ask for something to be moved, if it should be. Perhaps someone more knowledgeable could help me on this one.

Each time we take a turn it looks more and more as though something is wrong with the documentation. I am more certain than ever that my kids should be lawyers what with the massive fees being racked up.

[Slainte]

Click on the Report button and you can explain to MNHQ why you want the post deleted. Good luck.

[LoopsInHoops]

Still keeping my fingers crossed for you :)

[stella1w]

If you go to the police perhaps they will have expoerts to examine the documetns?

[Valdeeves]

I've seen similar and the truth was an aunt put pressure on an elderley mother to ensure one child was written out of the will. Your brother has done this in my opinion - I agree with the debts theory etc - you must act in some way if only into scaring him into giving him your share.

[HecateQueenofWitches]

If you are challenging this, doesn't the estate get frozen until it's sorted?

So you can stop him taking any money if you act quickly. Otherwise, he's got it and you've got less chance of doing anything.

So if you haven't already made it official with probate then do so asap.

I am not a solicitor, so don't know the legal ins and outs but I am fairly sure that the whole lot can be frozen while things like this are sorted out.

[Thisisaeuphemism]

Keep going newbiz, your brother will not have expected you to challenge. I know it's expensive but it's worth it - he can't screw you over like this.

[BettySuarez]

Thanks for posting, I had read the thread when you posted earlier in the year and wondered whether things had been resolved. Good luck to you OP

[insanityscratching]

Dh's dsis challenged her father's will because she was unhappy that he had left an equal share to dh and our dc as well as to her and her dc. Her reasoning being that dh and his father had had a rocky relationship in his teens (before we met) and she believed that dh had coerced his father to changing this. Dh was early forties by the time his father passed and he had a close and loving relationship with dh and his dgc at the time of his death but dsil couldn't see past her knowledge of ds as a teen (typical teenage shenanigans nothing unlawful) Of course it was all lawful and dfil had had a new will made on dmil's death (who incidentally would have left nothing to dsil) but she couldn't help feeling she had been done out of money. I wonder whether OP's db felt similarly deluded and decided to take matters into his own hands as I suspect dsil might have done had she been aware of the will's contents prior to dfil's death.

[aufaniae]

I think you're absolutely right to go to the police.

Why should you fork out £££££ to investigate something, when it looks very likely a crime has been committed?

I agree you should act quickly, before he spends / hides the money.

[ChristmasIsForPlutocrats]

I read this when you first posted, and am glad that you now have enough to support your suspicions, not because I am glad that you have been defrauded, but because you are no longer frustrated and doubting yourself. I hope the New Year brings some resolution for you.

Great idea from Hecate, about applying to have the estate frozen while this is investigated.

[whatatwat]

any new development?