Conflict of interest in will?

[Seashells100]

MIL died a few months ago, leaving her brother and sister (Claire) as executors of the will. DH, who was very close to his Mum, has found them to be very money orientated and difficult to deal with, which is another story. We organised the whole funeral and Claire was upset we spent money on flowers, saying it was a waste.

They have been evasive about the contents of the will, but came and cleared MIL house without involving DH or his sister. DH was upset as he was hoping for a particular photo, and some of our items which were in the house. He was unable to collect them previously as he was told that nothing can be removed until after probate and also MIL sister had taken our house key so had no way of getting in anyway.

The will was finally read, and a substantial amount is going to Claire’s son. My husband is extremely upset given that Claire’s son never saw his mother.

We have been looking online and are unable to find any clear advice, but Claire wrote the will for MIL, acting as her financial advisor. Is there a conflict of interest here given her son will benefit?

Not only is DH bereft after losing his DM, he feels rejected too. I suppose it also makes sense now as to why Claire has been so difficult to communicate with as she knew this information.

TIA

Thinking outside the box here but any chance Claires son isn't actually Claires son ?

Could Claires son be your husbands half sibling ?

But Claire is not a solicitor. She's a financial advisor.

And as well as complaining, I'd see a solicitors and get legal advice about where you stand and how you can see the will.

Good luck.

I'm gobsmacked that Claire cleared your MIL's house without letting your h take anything he wanted. How dare she?

You could contest it but the main winner is the lawyer and it will absolutely destroy your family.

If you did want to go down the bitter, family destroying route, then if she is a chartered financial advisor you will be able to report Claire to her institute and/or the financial conduct authority. There is a clear conflict of interest.

For example as a chartered accountant the regulations I am bound by prevent me from providing advice where there is either a conflict of interest OR an apparent conflict of interest. If I acted in these circumstances I could be fined, lose my qualification or lose my job.

If her son was the only grandson at the time the will was written then she could have a case BUT a professional would have future proofed MIL will to leave 25% to the grandchildren not just the one grandchild born at the time.

If you are not going to let it lie you could sit BIL and SIL down and say its not fair only one grandchild inherits and ask that they apply as executors for a variation of the will to split the one grandchild 25% share between all grandchildren. If they have any decency they will agree in the name of family harmony. Also point out that legal Recourse could mean no one gets anything as it will get eaten up in accountants and legal fees. If you claim and win they could also be liable for your costs. You are going to have to be very careful in this discussion and it would help to have a good family friend to try and mediate. Ideally a lawyer instead.

If you have the money you can threaten to contest the will and report SIL to the FCA / her professional institute and possible claim for professional negligence. If you dont have the money you're stuffed.

I'm not a lawyer I'm an accountant who has seen lots of contentious probate.

It's awful because unless they do the right thing this is pretty much the end of the line for family harmony whether you act or not.

Let’s hope not! We don’t need any more stress 😂

You certainly don't but Claire has two children and only one is being left money !

Anyway it all sounds very dodgy.

Claire's son was MIL's nephew, not grandson.

Thank you for all the responses. It’s been really helpful.

DH is going to get a copy of the will as a priority and go from there. We will also look to find a solicitor asap.

The damage done and the family will be torn apart.

If my auntie left me the same amount as her own children in her will, I wouldn’t take it as it’s not meant for me, but maybe I’m stupid!

@ZenNudist - it's free to complain to the FCA or a financial network. They can award compensation.

But the company that drew up the will is also to blame here. They're should not have let Claire write the will at all.

I should think the family is already ''destroyed'' - by Claire. She will be in hot water regarding her job if this comes out!

I have just realised claire isn't your SIL and the son her MIL's nephew.

that's really dodgy given Claire's clear conflict of interest . Can you afford to get a lawyer involved. You need to contest before probate is granted.

I think you can threaten Claire from a professional (her institute/network/career complain about malpractice) as well as legal standpoint (contest the will) making it clear you will look to recoup legal costs from her. Absolutely don't let her say she is on the verge of a breakdown.

You've got nothing much to lose given it's not a brother or sister in law to your DH. I'd be less bothered about pissing off my husband's aunt and cousin!

Who witnessed it? This is dodgy as fuck.

Wills can be got on line for about £10. I'd be ringing all the local solicitors to see if they hold a copy of your late MIL will. I'd ignore that Claire is having a fake nervous breakdown. That's been said to shut you up.

Sorry for your loss and all this stress.

I don't think the will is available to non executors until Probate has been granted.

She can't write the will and be executor. That's a huge conflict of interest as she potentially indirectly benefits via her son.

Executors fucking about with the estate isn't exactly uncommon, but she's been seriously shady. It's fairly straightforward to make an application to have her removed as executor, however challenging the will itself is a long and expensive process, so you need legal advice.

Unfortunately anyone can set themselves up as a “will writer” with no proper training or regulation. It’s always best to instruct a solicitor.

As a financial adviser, Claire is regulated by the FCA. Their Code of Conduct sets out her obligations to act with integrity and in her clients’ best interests. Would suggest you have a read about the rules relating to conflicts of interest.
https://www.handbook.fca.org.uk/handbook/COCON/2/1.html#:~:text=Rule%201%3A%20You%20must%20act%20with%20integrity.&text=Rule%202%3A%20You%20must%20act,due%20skill%2C%20care%20and%20diligence.&text=Rule%203%3A%20You%20must%20be,the%20PRA%20and%20other%20regulators.&text=Rule%204%3A%20You%20must%20pay,customers%20and%20treat%20them%20fairly.

You could make a complaint to her firm and the FCA but probably best to go straight to a good contentious probate solicitor. Irwin Mitchell are very good.

If you do get a lawyer you have to stay on top of the process to keep it moving, do your part, keep on top of fees, agree actions and do them. Be wary that ever phone call and email is racking up fees but if you are waiting on them then its OK to chase them and you need to keep an eye on the time they charge you. Get as much info out of them about plan of action as they scope out the work and make them give you an assessment for fees. Then don't let it drift and drift. Manage it like a project. If you think of this as a job its going to be worth a lot to you the put in the effort.

I think you can look into who Claire works for and see how you make a complaint to the FCA without the lawyer's help.

Line up the lawyer and get a plan of action to contest the will and very important that you contest the will before probate is granted. Act now.

Then negotiate with Claire before you instruct the lawyer. You might be able to persuade her that this is not worth it to her to proceed with her DS getting all this money. Think about what you are willing to accept by way of a revised will. Do you want the nephew to get anything? I think your leverage should be that she will find herself facing legal claims, associated costs, investigation from the FCA, a potential professional negligence suit, and still not getting the £100k for her ds. Plus the stress. Maybe agree he can have a similar gift to the other grandchildren , with gifts to the executors for their time and effort. The rest goes to DH and his sister.

Any reputable IFAs would refer will writing to a solicitor it’s very inappropriate for an IFA to write the will themselves! Unheard of actually. It can get very complex.

Claire has her own company. Her partner works with her and her son. No other staff.

@Seashells100 that will be claire's business up the spout then! including her hubby's and her son, the beneficiary's jobs!!! unemployment all round!

“Verge of a breakdown” yeah right. Because she’s terrified you will blow this up and she’ll go to prison.

If you go in hard reckon she will buckle. This whole scenario absolutely stinks. It’s very rare for anyone with good relations with their children to leave anything other than token smaller financial gifts to nieces and nephews. It’s so unfair as he will presumably inherit from Claire his mother why would he inherit from his aunt too? WilL Clare be leaving your Dh a healthy inheritance in her will? I think I know the answer to that …

I wonder if Claire has done anything like this before?

Claire doesn't directly benefit from the will, and only one of her children does. Is there any chance that MIL genuinely wanted to gift her god child that money? Plenty of people consider that to be a special role, and it explains why she hasn't gifted the same to Claire's other child (or her other nephews/nieces).

It's temping to think that Claire has been this master manipulator to MIL because DH is hurt, but if MIL was in her sound mind and signed this will, I don't see why it shouldn't stand.

Claire has 2 children, but only 1 mentioned in the will. MIL brother also has 2 children. MIL also had other siblings with children, she’s from a huge family.

This is even more bizarre. It's unusual for a nephew to get left the same amount as the children. But now it seems it's just him & there are lots of nieces & nephews not getting anything. So that would suggest to me that he will be asked to pass on to his Mum? No wonder she is on the verge of a breakdown. I would not worry now about a fall out as she has already behaved badly. I mean why on earth would she take the house key off DH & his brother & go in & clear it out without permission?

The relationship between your aunt and your husband has been lost now so I wouldn't hesitate to do what it takes to get this sorted. I would not be surprised at all to find it's just complete fraud.