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Possible dodgy will execution shenanigans....Advice please!

92 replies

HeyPesto55 · 18/11/2019 21:35

Oh wise mumsnetters, please help me piece this one together as it's somethjng I know very little about.

My lovely, wonderful grandmother (whom I'm very close to) was in a very loving and mutually adoring relationship with a lovely man she met in her village. They were together later in life (late 80s) for some time until he sadly passed away 4 years ago.

Said man had 2 grandsons, nether of whom he saw very often. And neither of whom lived locally. Not really relevant. Just background.

The eldest grandson was executed of the will. Lovely man had told my lovely Grandmother in certainty that he would leave her 1/3 rd of his estate in case she ever needed nursing or care fees. And because he felt that's what he wanted to do. He didn't see grandsons that often. And no great grand children. In fact both my grandmother and lovely man changed their wills at the same time. She could be mistaken in the split but I doubt it very much. She's super smart (and very non money grabbing!)

Just after lovely man's passing, my grandmother receives a letter from the eldest grandson with a personal cheque. The amount is nowhere near a third of the estate. It's clearly a token amount.

My Grandmother tried to ring the solicitors to clarify and was told to speak to the grandson. Now there could be a mix up here but all seems a little squiffy to me.

Do executers send personal cheques? Do you not get a copy / receipt from the solicitors?

How would we ask for evidence of what was in the will? Help!

OP posts:
JellyfishAndShells · 21/11/2019 16:01

No - they are not filed anywhere but have to be retained by the executor for inspection by the beneficiary if required. If this is not forthcoming, the beneficiary can apply through the Probate Office for an Inventory and Account order which is a Court Order to do so. It’s very serious and an executor with nothing to hide should make the accounts available on request, without the order.

The problem you may have is that as it is not a public document, only the beneficiary has the legal right to ask this and it will have to be your grandmother making the first request to the executor and then, if no joy, the Probate Office. The Probate Office helpline people are very helpful, if understaffed.

HeyPesto55 · 21/11/2019 16:06

Thanks, Jellyfish. That's really helpful. I'll give them a call. It may too late, I guess? 4 years is a long time.

However, it might be worth it just to make them squirm.

Can you think of any scenario where this might not be what it seems? i.e that they weren't fleecing her out of all the money?

OP posts:
Winterdaysarehere · 21/11/2019 16:11

Only that they are entitled fuckers sorry...

HeyPesto55 · 21/11/2019 16:21

SadPoor Lovely Man.

My GM hinted that he had an idea they were after the money though he made them executors so clearly expected them to honour the will.

I'm a bit shocked really. I just don't understand why someone does that. How can they live with themselves?

OP posts:
JellyfishAndShells · 21/11/2019 16:23

Complicated tax affairs and monies owing. Savings invested badly so that they could not be realised for the expected amount. Shares held in trust or in family businesses. Untraceable accounts. Loans that have to be paid off on death. Money raised through equity release or similar mortgage against the value of the house to provide funds for living expenses in the years before his death.

JellyfishAndShells · 21/11/2019 16:28

I'm a bit shocked really. I just don't understand why someone does that. How can they live with themselves?

A friend had to take out a restraining order against her ( wealthy ) brother for harassing her in her role as executor for their mother’s estate . The judge commented that it never failed to grieve him how inheritance can bring out the very worst in otherwise rational people.

Soontobe60 · 21/11/2019 16:34

If I were you I'd be writing to the executors in the first instance, send them a copy of the will and ask them where the remaining 1/3 of the money is. That'll put the fear of god in them!

HeyPesto55 · 21/11/2019 16:45

Jellyfish, thank you. I know most of that list wouldn't apply as my GM would have been aware. They were both very clued up and financially solvent.

I agree with your other post though, I have heard similarly horrific behaviour, though that example is awful!

It just beggars belief that people would claim something as their own when it clearly isn't! It was never their money. How do otherwise nice people convince themselves they deserve it?

OP posts:
HeyPesto55 · 21/11/2019 16:48

Soontobe60, this is the course of action I'm considering. Possibly a solicitor's letter demanding to see the accounting breakdown. Just because I'm angry with them and I want them to worry and squirm for a bit.

In reality, they probably don't give a shit. People like that seldom do.

OP posts:
Disfordarkchocolate · 21/11/2019 16:51

I hope you get some answers, how can people act like this with money that they never earned and was left to someone their grandfather loved.

popehilarious · 21/11/2019 16:51

Wow op - hoping you get to the bottom of this.

mrsjg · 21/11/2019 16:59

Yes definitely send a solicitors letter, make the buggers squirm.

Herocomplex · 21/11/2019 17:07

I would keep an open mind. Assuming people have acted in bad faith isn’t a good idea.

HeyPesto55 · 21/11/2019 17:09

Thanks everyone, I find it so hard to comprehend as well. Some people have such hard hearts.

My lovely GM nursed him through sickness (as did my uncle). The grandsons didn't live nearby so weren't able to help much. In their shoes, I'd have been so grateful that he had someone he loved making the last months so much more comfortable. There's no price on that.

Lovely man would have been so disappointed with them Sad

OP posts:
HollowTalk · 21/11/2019 17:12

I would definitely take this further. That's a terrible way for them to behave.

hopelesssuitcase · 21/11/2019 17:18

The cheque arriving quickly seems suspicious to me. I know when dm died it took months, and definitely not a personal cheque from an executor.
I hope some comfort can be taken from the fact that he did as he said he would. Though personally I would take more comfort from hunting the thieving gc down!

HeyPesto55 · 21/11/2019 17:22

HeroComplex, assuming there's was no mortgage (there was definitely no mortgage) I can not fathom where that amount of money could possibly have gone legitimately.

But requesting the breakdown will prove where it's gone I guess?

And it will be interesting to see how it was apportioned. Whether it was shared equally between the grand sons...

OP posts:
RandomMess · 21/11/2019 17:50

I would pursue it even if your GM then wants to give it to charity to commemorate him! What other dodgy things have they potentially been up to?

RandomMess · 21/11/2019 17:51

What if your GM does need intensive care at the end of her life and that makes it affordable?

Disfordarkchocolate · 21/11/2019 18:36

I'm sure that as executors of the will they have to be able to provide a full breakdown of costs and how the value of the estate was distributed if required. I'd be surprised if anyone could ask for this but surely a beneficiary would be entitled to see it.

Sauvignonblanket · 21/11/2019 19:16

I would start with normal letter first, from your grandmother, enclosing the documents and calmly asking for an explanation.

Save the solicitor letter for the second step - which also means you're not going in too aggressively just in case there is a legitimate explanation. Good luck!

HeyPesto55 · 21/11/2019 21:50

RandomMess, that was his intention. That she could pay for any care costs if needed.
Although I do wonder now if he partly just didn't want it all to go to the grandsons as well.

OP posts:
HeyPesto55 · 21/11/2019 21:52

Sauvignonblanc, you are probably right. I just assume they won't respond if we send a normal letter.

OP posts:
Sauvignonblanket · 21/11/2019 22:07

You're probably right but they might surprise you... and waiting another month after 4 years vs incurring solicitor fees straight up might make it worth it...

mrsjg · 22/11/2019 07:56

I've not thankfully had too much to do with wills, but what will happen if they've not adhered to the terms of the will. Are we talking fraud and it's legal consequences?

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