Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

See all MNHQ comments on this thread

Urgent Help with a Will!

16 replies

Debbi55 · 16/08/2018 19:53

Hi
I don't know if anyone on here knows anything about will's?
I have just lost my mum (May this yr) and my brother and his daughter are executors to the will.
I don't get in with my brother, in fact he really doesn't know me at all.
Mum had Alzheimer's for 4 yrs and my brother had power of attorney over money and health matters.
I have had to beg for every bit of information that i have as i have been told nothing i.e when mum died i didn't even know where she was, so that will tell you what this relationship is (nothing).
My brother has done everything and paid all bills and gone to HMRC for the tax etc. He has now put the last bit of sorting out the will and paying everyone to inherit anything with a solicitor.
I knew there was something wrong when i found out he had done this, i had to call the solicitor and ask if i could have a copy of the will, she wrote back and said she wouldn't be able to give me a copy, the 48 hrs afterwards i get a letter with the copy of the will and a letter from her.
She had to have asked my brother if i could have a copy?
Anyway it's very unfair what mum did but my worry is that what i should get is left in trust which means my brother and his daughter can do what they want with it?
Brother gets 70% his daughter gets 15% and i get 15%!
I'm going to put a line of what the will says and hope there is someone on here that can tell me if it's in trust or not?
I have read that if in trust i have to go to them to ask them to release the money? this wills been to probate i'm assuming it's back now but have heard nothing from anyone fore weeks now.
The Will reads......Seventy parts or shares to my brother whom failing his daughter (name) as to 15 parts or shares in trust for my daughter my name and my address.
So anyone know what that's all about?
The other thing i must say is when i first got a letter from the Solicitor she informed me i was in mum's will and that she needed proof of who i was 2 bills and a driving licence and all my bank details, which i have now sent to her, so surly if mine was in trust then she wouldn't have asked for my bank details?????
I'm not bothered at all about who gets what, i always knew my brother would get most of it, was a little taken back about his daughter though, and anyway sorry for the long post anyone out there that can help me??
Thanks to you in advance.......xx

OP posts:
LilyMumsnet · 17/08/2018 22:21

We're moving this over to legal matters for the OP. Flowers

NotTheWayISeeIt · 17/08/2018 23:29

No advice but I'll bump the thread for you. Sorry you have had to go through this

bionicnemonic · 17/08/2018 23:37

Was the Will written before she was diagnosed with Alzheimer’s?

Namechangeforthiscancershit · 18/08/2018 07:26

The quote you’ve given isn’t enough to know if your share is in trust. If it is, there will be more information about how that trust would work- who else can benefit etc. It would probably be something between another page and 4 pages about that stuff.

Don’t worry about not being given a copy of the Will pre-probate. It’s good practice to provide it to a beneficiary but they don’t have an automatic right so the sol did need to ask your brother.

Probate may have been granted but most of the registries are overwhelmed at the moment so it slightly depends where it’s been sent. If it’s been more than 14 days since probate has been issued then it’ll appear here: probatesearch.service.gov.uk/ don’t worry you don’t have to pay unless you want a copy

Debbi55 · 20/08/2018 20:29

Yes the will was written way before mum had trouble with what she had.
Mum was fully aware what she was writing in her will.
I do have a copy of her will now, and i have not heard anything more about it all.
I'm not speaking to my brother at all so anything i need to know would be through the solicitor.
It looks like the will has come back from probate with the grant.
It was done at Winchester (near Southampton) registry .
I'm at a loss what to do really..I know this money will help me a lot as like many I'm in a bit of debt so this would pay it off and leave me some to invest for later years.
My brother on the other had had most of the money, fine i really don't mind at all (even though he wants for nothing now) that's fine.
I just really need to know if mines in trust or not.
I really don't want to call the solicitor again but it's looking like I'm going to have to to get the information i need. It just makes me look awful calling and asking another question i hate it.
Ill call her tomorrow and ill let you know how i get on.
Thanks again.......)

OP posts:
Namechangeforthiscancershit · 20/08/2018 20:40

No it definitely won’t make you look bad at all. Your question is totally reasonable and the solicitor won’t mind at all. Honestly.

Debbi55 · 20/08/2018 20:43

I know i guess it's just me, i worry to much about what other people think of me, so my son say's!
I just can't even think of speaking to my brother if it is indeed in trust, as i have read i would need to ask my brother to release the funds for me, and he would more that likely say no anyway.
It's now making me ill again ( i have lupus) and many other things and the worst thing for lupus is stress!
Anyway I'll call as i said and ask the question and will report back tomorrow night.
Thanks so much....Debbi

OP posts:
UnderMajorDomoMinor · 20/08/2018 20:46

Op I feel really bad for you. I can totally see why you don’t want to call as you’ve been put in the position of having to beg for info about what’s yours.

The solicitor won’t mind at all. They are very formal and checking, it’s just the way they are it isn’t you.

I have my fingers crossed for you.

Namechangeforthiscancershit · 20/08/2018 21:58

The solicitor doesn’t know you and won’t think anything at all about you asking. I promise! If it’s really stressful for you to call then you could give permission for your son to talk on your behalf, but honestly I think they will be nicer and more helpful than you think.

RayneDance · 22/08/2018 10:44

Op wills and family fall outs is so common. They will be dealing with this all the time.

Just ask the solicitor. Say you don't understand the will, will and when will any money be released to you and how much.

Debbi55 · 28/08/2018 00:09

Hello all
Really thank you so much for all your messages......)
I haven't yet called the solicitor's but I'm going to call her tomorrow (Tuesday) and ask what i need to know, i'm now past the point of no return as you say, i just have to bite the bullet and call.
I will come back tomorrow night when i have called her and let all know what's happened.
I did have a letter from her to say that she had enclosed a copy of mum's will for me and that my 15% of it will amount to over £30,000 my god the estate must be bigger than i thought...i don't know if i'm right but mum may have had a life insurance maybe? i worked it out that my brother had spent in the region of £126,000 on mum's care.
The house was sold for £250,000 a couple of years ago, so ive gone by these figures although i could try and work it out because i don't know what the estates worth at all but more than i thought!
I have done some sum's and i think the estates worth around £220,000 yes that would mean that my brother will get about £154,000 lucky him, not.
All of this has made me very sad about everything really it didn't have to be this way at all, i would do anything for anyone I'm the total opposite of my brother, and I'm the better person as well.
I don't know how he sleeps at night, (which i told him in a letter i wrote to him a few weeks ago), i also told him that o was not going to the church where she will rest with my dad, as i didn't want to be with people that didn't care about me at all.
I told him i would go in my own time on my own...like i say so so sad.
Anyway folks Ill let you all know tomorrow and thanks for reading this again!
Debbi........)

OP posts:
NotTheWayISeeIt · 28/08/2018 00:40

It sounds very difficult for you. I hope you get things sorted out sooner rather than later. Sometimes things are just a bit shit and there isn't much you can do about it. Good luck

Debbi55 · 05/09/2018 20:58

Hi All,
Well thank you for all your comments, just to update you i have today spoken to the solicitors secretary (never thought of that) and she has told me that mine is not in trust and will be soon released to me maybe in a couple of weeks?
I'm just so so sad about ti all though, i now don't speak to my so called brother at all, and didn't go when mum's ashes where put with my dad as i didn't want to be where i wasn't welcome, just so horrible he has no idea what he has done to me through all this, i have Lupus and many other things and i don't deal well with stress and have been in wheelchair for a year because of this, anyway i have been told around the sum of £30,000 is going to be paid to me although i think it will be more than a couple of weeks.
I'll update this post when i ever have anything sent to me.
One last question about all this, my mum left a separate letter telling him what to do with her personal jewelry, mum left me her wedding ring and another ring that was my dads, ( i have my dads wedding ring from when he passed) and i wanted to put them back together, but i have asked him to post them to me, but he hasn't what do i do?
I really don't want to speak to him again i'm thinking of posting him a bag that's next day delivery for him to put them in for me, i fear he just won't bother to give me them as i asked him to post them to me weeks ago. thanks for reading this and thanks to you all in advance.

OP posts:
UghNoWay · 06/09/2018 00:17

That sounds like a good idea to post him
An envelope - I'd put a short polite note with it and hope for the best.

^Hi Brother, I understand from the XXX letter that Mum wanted me to have XXX and XXX ring. I'd be grateful if you could
send them to me. I've included a prepaid addresses envelope for you to post them to me^^
^^Thanks for you help with this
Sister^

Good luck. I hope that he does the right thing and that you can start to put this all behind you.

thinkfast · 06/09/2018 08:14

Do NOT ask for valuable jewellery to be sent to you by post. If you can't collect it from your brother can he leave it at the solicitors office for you to collect it from there?

Debbi55 · 09/09/2018 23:00

Hello all.
The will should now be paid out in a couple of weeks,
As for the rings he has to give me, i don't know if the solicitor has a copy of the latter as mum wrote it separate to her will, so i don't know if only he has it or even if the solicitors know he has it.
I only want him to post it in a special delivery tracked mail next day, or even take them to the solicitors and il collect them from there.
I will be saying something tho as the executor he has to give them to me no matter what he thinks of me.

OP posts:
New posts on this thread. Refresh page
Swipe left for the next trending thread