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Ethical dilemmas

Being left out of a will, feeling blue and confused

279 replies

Newbizmum · 24/07/2012 01:18

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 ?

OP posts:
Cerisier · 13/04/2014 04:09

I have just read your story Newbizmum- what a nightmare. Thinking of you and wishing you luck.

Pennies · 15/04/2014 15:09

Blimey Newbizmum - well done for going for it. What a terrible thing to happen. Shame on your brother.

tribpot · 15/04/2014 17:45

Keep going, Newbiz. I'm assuming at some point soon there will be nothing left but at least you will have the truth.

riskit4abiskit · 21/04/2014 17:35

Keep going the truth is out there!

MrsGeorgeMichael · 23/04/2014 10:47

Good luck Newbiz
often think of you

Toohonourable · 07/05/2014 22:26

Sorry about nickname. It is in rage on behalf of Newbizmum who is obviously a decent honourable person.

I have also been, decent ,honest and getting on with life and as a result never saw this coming -my brother and his wife has managed to prevent me and my other brother from visiting her care home on protection grounds! The reason is that because despite every attempt to distress her and defame us she still has enough capacity to be overjoyed when she sees us. So that is now prevented. We cannot clear our names as Social Services seems to support anyone with POA without any evidence for their accusations! I am haunted by not being allowed to see her as we were always such close friends.

He deceived her into giving Power of Attorney some time ago without us realising but now seems therefore to have total control. I have worked out some of how they managed to create this situation but it is so long term, devious and heinous that it cannot be published on here as there is nothing in place to prevent the unscrupulous from copying it.

I am also really struggling in the middle of an injustice and your very sensitive account Newbizmum has enraged and saddened me. More than that though, I am encouraged that because of you and your supporters I am reassured that there are still other decent people out there. The psychological damage does the most harm. Such behaviour is deeply shocking, literally.

You are obviously an honest person and may have thought that the truth will triumph. It seems the authorities are not interested in anything short of a clearly proveable crime. Every success we may make reveals failings on someone's part which then gives them a personal interest in preventing our success. eg your brother's solicitor and my local social services.

Anyway Newbizmum you are a star and, however this turns out, your children are very lucky because they live with someone of courage and principal. Look after your health and let us all know how you are getting on.

mrsbrownsgirls · 07/05/2014 22:32

OP why are the legal costs so high?

UncleT · 15/05/2014 03:09

Very best of luck to you - I hope that the truth wins out.

Toohonourable · 15/05/2014 12:13

Sorry.......My post does not make sense because I forgot to mention that it is my 93 year old mother who has fallen under abusive control. She was a very honourable, well educated woman however her failing memory has enabled my elder brother and his wife to disregard her personality. POA is meant to support the donor's needs when they become vulnerable. It is far too easy to become the reverse and in the wrong hands becomes a terrible and tyrannical abuse.

The reason I relate this to Newbizmum's case, is that I deduce that her will must have been altered; yet my mother still has a remarkable awareness despite her failing memory. I am deeply ashamed of my elder brother for being so utterly callous and preventing visits from two of her three children when it makes her so happy. It is ironic that a few years ago that he tried to leave his wife and are now bonded by avarice.

My mother, other brother, myself and other family members are deeply distressed. The betrayal of a close family couple who have had lifelong kindness and support from all three of us is like a living nightmare. I wish I could wake up and find that it is not real.

docket · 15/05/2014 12:15

Best wishes to you OP, what a horrible situation you are in. I hope it ends as well as it possibly can for you.

fukkigucci · 18/06/2014 03:02

Hi Newbizmum,

I'm just wondering how you're doing.
Well done for pursuing this.
Similar has happened in my family, and it still makes me furious.

Wishing you luck

Cosima3 · 02/08/2014 14:19

Hi newbiz, I wonder if you got all this sorted out in the end.
I'm going through a similar saga. I can now see that my siblings had acted rather too interested in my dad's 'welfare' once they knew he had a terminal illness.

I suspect large amounts of cash and bank account money has been taken and not declared for probate.

I lived with my dad during 2007-09 and saw him regularly until 2011. He had talked to me about what he wanted to do with his estate, and mentioned he had a number of bank accounts. He always had large amounts of cash at home too.

My siblings behaviour, from forcing dad into a care home under threat and being so very busy busy busy fussing over him and visiting everyday and being there everytime I visited struck me as odd, seeing as they had declared how much they hated him, and he even knew this himself.

When he died in 2013 they were aggressive towards me, I suspect with the intention of scaring me off making any enquiries.

Nonetheless I AM making enquiries and seeking advice on how to find out about dad's accounts in the months leading up to his death.

Not because I'm money-grabbing.....rather I want to just let them know that I'm aware of their shenanigans and am no longer the 'stupid' sister they bullied in childhood.

hellymelly · 02/08/2014 14:49

Maybe someone will buy the film rights of your story! I felt from the off that your brother had acted fraudulently, nothing added up about the codicil, and it seemed extremely suspicious. I am so glad for you that you are on the way to resolution, I wish you the best of luck, as it must have been a horrendous shock to look at the will and think that your brother would defraud you. However, I do think that is a less painful option than that your DM would have treated you so shabbily, so I hope there is some small comfort in that. So sorry you are going through this.

WhatsGoingOnEh · 04/08/2014 20:03

I realise these things take time to pursue, but two years? Surely all the money is long gone by now?

OP I do wish you luck but would beg you to get a move on!

Viviennemary · 04/08/2014 20:09

I think you should challenge it by getting your own solicitor. It sounds as if it could very well be dodgy. Very odd the solicitor being reluctant to let you see a copy of the will. Is your brother in lots of debt.

RustyParker · 04/08/2014 21:23

I'm shocked at the statistic quoted up thread about the amount of proven fraud in relation to wills. Horrible what money does to some people and what they are prepared to do to family members to increase their share.

I think you are right op, it's the principle of your mother's memory and wishes being followed through which is most important. I have suffered a close bereavement at the end of last year and the money isn't important to me, I just want what my DSis wanted to happen with her money, for her memory. Whatever happens, you can hold your head up high and did the right thing for your Mum and your DC.

The expert reports sound promising and I hope it puts the shits up your brother.

riskit4abiskit · 06/08/2014 11:52

I was wondering about you op, any news?

ChaffinchOfDoom · 06/08/2014 12:07

read thread with horror. hope you're ok OP

Newbizmum · 06/09/2014 12:36

Back again and humbled by the masses of supporting comments. Thank you all so much.

To cover a little ground for those asking questions.

I do have a solicitor, barrister, experts, investigators etc. which is why the bills are so high. I have however managed to mitigate these wherever possible with my taking on work, doing my own investigations, letter writing, pushing for documents etc. Without that mitigation, we would never have been able to come so far.

Why has it taken so long ? Well, to reduce costs somewhat really.

Is it too late / will all the money have gone ? The fraud and deceit from the outset meant that we'd be fighting an uphill battle but he is not going to just squander it, so even if it has been consumed by the family home, we'll simply have to take that at the end of the day.

We have suggested mediation, which has been rejected. At least the judge will see we tried.

So off to court we go. I'm wholly confident but I suspect the end result could be financially devastating for my brother. The costs once you hit court can run £50,000 plus per day.

One point upon which I have become absolutely resolute, where my feelings have previously swayed one way and then another, is that at the end of all this, I am not prepared to forget, in now way will I ever forgive and if it takes to my last breath, I will have him locked up for this. I want him prosecuted to the fullest extent of the law, to have him publicly shamed and to hell with the consequences because he certainly never considered me or my children.

OP posts:
TypicaLibra · 06/09/2014 12:42

Wow Newbizmum, thanks for updating. This is the only thread in my 'threads I'm watching' list ... and for some reason I thought about it yesterday and checked it. Then by coincidence you updated today! I wish you lots of strength and the best of luck going forward. You are absolutely doing the right thing. I really admire your resoluteness.

MrsGeorgeMichael · 06/09/2014 15:27

Brilliant!
I think about you often. Stay strong!

plumnc · 06/09/2014 15:32

Delurking, to say good luck and hang in there Flowers

ScarlettSahara · 07/09/2014 22:19

Hi New Biz,
I don't have anything useful to add really. Just been watching and hoping you could reach resolution. Similar happened to me but not as bad. Will not forged. Money shared equally but chattels were supposed to be shared but 1 sibling (of 3) had emptied all valuable items and claimed they had been gifted and were no longer part of estate.
Anyway wondered if you can cover any of your court costs through house insurance? A friend managed to cover employment dispute costs this way.
Please persevere and do not settle for shabby treatment. I think it is the betrayal that feels worse. Do not lose heart.Thanks

tribpot · 07/09/2014 22:32

Keep going, newbizmum. What a truly dreadful situation.

tobiasfunke · 08/09/2014 11:54

Ye gods I remember this thread when you first started it. It struck a chord with me as my uncle attempted to trick my GM into signing a POA (he was a solicitor). Luckily she realised something was up and got her solictor to cancel it and drew up another one in favour of 2 of her other children. He cotinued to hector her for years after. This could well have been us.
I hope it all works out for you in the end- it sounds very promising. Your brother is a piece of work.