Wills - expression of wish - what is fair?

[bobs]

Our Mum has just died and has left everything equally in her will to her children. However there is also a separate hand-written expression of wish with certain more expensive items such as jewellry left to the girls. Should the expression of wish be kept separate to the rest of "the pot" or should the whole lot be lumped together when valueing and dividing the assets?
I think the idea was probably that when Dad died he left the boys something but not as much as the value of what the girls have been left by Mum.
Also the grandchildren and one partner have been left items but there are other grandkids etc since the expression of wish was written.
Don't suppose you are out there Hula??? Otherwise any help/suggestions gratefully recieved

I THINK the stuff in the list of wishes gets handed out and is out of the equation before the rest of the estate gets valued.

ALthough I don't think it's enforceable.

Thanks - that's a start...does that mean it's supposed to form part of the 325.000 exempt amount?

Sorry I don't know enough about this to know - hopefully someone who does will be along shortly!!

Okay thanks

Yes, it's still part of the £325,000 nil-rate-band. The only things excluded from it are business assets, amounts/items left to charities and amounts/items left to the spouse (to put it simply). Everything else gets added up and, if the total goes over 325k then inheritance tax (IHT) is calculated. Then the specified items/amounts are distributed, the IHT due is deducted from the rest of the pot and what's left over is finally distributed as per the terms of the will.

The expression of wish is not legally bindint.
Yes the items in the letter form part of the full estate and all dealt with the will.

It ia then up to the residuary beneficiaries how they deal with the wishes.

Thanks guys - was just a bit concerned as the girls have been left a lot more in value (Jewellry) than the boys in the expression of wishes, and on reading it again it does say that after these items are distributed the rest of the estate gets divided equally.

Also this was written a few years ago before one of the boys married and had kids, so his wife and kids are not mentioned, whereas one the girl's who has been married for years has a mention for her dh and kids.

All in the interests of fairness, it has been suggested that any partners and children get included in the expression of wishes to get an equal part to those already mentioned before the rest gets divided up.

Does this sound fair?

bobs - my DH is a probate solicitor. I can send him this info and ask him for advice. Will be tomorrow now though.

Yay . Does he know anyone good for doing decent probate valuations of contents - pics, furniture, jewellery etc? ATM we've ELR on standby to do it. Obviously we need as low a price as poss...Any advice on valuing stuff gratefully received...and that's before we even start on what to do with the house

I will ask him when he gets in. He deals with lots due to his job obviously, so will ask him who he suggests.

If your parents were married then the nil band may be bigger as it becomes £650,000 between them.

www.direct.gov.uk/en/MoneyTaxAndBenefits/Taxes/BeginnersGuideToTax/InheritanceTaxEstatesAndTrusts/DG _179372

Yes I know - I don't think much of Dad's nil band was used at most of his estate went to Mum.
How picky does it get - does the revenue ask to see copies of insurance docs to see what specified items exist? I realise probate value bears no ressemblance to insurance value.
How about an item given away to my sister years ago (over 7) but still insured by and kept at my Mum's as she has a safe?