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Legal matters

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Another wills one, sorry.

3 replies

StaySafe · 23/11/2018 15:21

I won't go into the background but perhaps some legal bod will know the answer to the main questions here, concerning y mother's estate.

Mother has left business property to brother, value around £150,000. She also gave him £90,000 about 3 years ago from the sale of another business property (he has spent all but £13k) She gave him her house, presently valued at about £240,000 28 years ago following my father's death.

I am her only other child and she has now died leaving me only her savings and Isas, amounting to a little over £22k, and nothing else.

Funeral expenses will be about £4k and brother is now telling me that 1/2 of this plus some if not all of the costs of administering the estate will come out of my legacy. I'd like to know if this is true or if he will have to pay something as he is inheriting by far the lions share of the estate.

There is a separate issue of the will being made by his solicitor without my mother having independent advice, but TBH provided I get a full payout of the monies left to me I'm not sure I have enough emotional energy left to do anything about that.

OP posts:
kitkat6 · 23/11/2018 15:24

It will depends on what is stated in the will about where costs are to be paid from. If nothing has been mentioned then funeral costs will come out of the estate and the executors will be responsible for paying any IHT (normally from the estate).

If the solicitor made the will then reference should be made to the payment of the funeral and expenses

StaySafe · 23/11/2018 16:02

No Inheritance tax to consider, as there is a carry forward from my late father's death of the limit at that time. She has left my brother the freehold of the business premises and me words to the effect of her isas and cash at her death. is that enough for anyone to advise? I don't want to ask for a copy of the will at this stage as we have not had the funeral yet and I'm sure it will set brother off on a rant if I do. I'll probably get some legal advice about undue influence but not optimistic about that.

OP posts:
Talia99 · 26/11/2018 20:24

If the will mentions the residue of the estate, my understanding is any debts come from that not from specific legacies.

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