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Naaaaaaaaaaaaaaaa fell for that one 50 years ago. Still paying. Pleasure chatting with you. Take care x

Edited by uaruman
not sure really (well I do but not risking the wrath of you know who)
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Sorry, when I originally posted didn't intend for my problems to cause a row between other posters. I am hoping the last few entries are in fun but...

I have read what everybody has said, and will have a good think about where we go from here. To be honest, when everything blew up back in July and Phil decided he no longer wanted anything to do with his mother, I was relieved because I thought that we'd finally be rid of the stress she has given over the years. Rather stupidly I suppose, we assumed she'd have the probate people on her back requesting whatever it is they like to see, and that in the fullness of time we'd be able to see the will as a public document so that if she had failed to offer him items his Dad had wanted him to have, we could pursue that. It simply never occurred to me that she could get away (legitimately or otherwise) with not applying for probate (if that is the case).

When one of my Nans died in the early 60's her estate was investigated. As with most of that generation, she'd raised the family while Grandad worked, and in truth she had nothing other than her clothing, and some odd bits of relatively valueless jewellery (wedding ring & such like). However, the powers that be wanted a full inventory of all her stuff (even down to the value of her undies), needed to know she had threepence ha'penny in her purse at the time she died, and insisted that Grandad go to their office to swear an affidavit to that effect, taking 2 witnesses with him. How times seem to have changed.

We don't want to be involved in Ma-in-laws life any more. If we felt she'd be receptive to appropriate help for her condition, things may be different, but we know she wouldn't be, and that it is her belief that everybody else is in the wrong. While Phil's Dad was about it was worth the effort to keep in touch with him, and tolerate her, but now we just can't do it. We have cared about them, so that when she decides to unplug the phone when she doesn't want to talk to anybody, I have had the line checked, and once even sent my brother round to check they were okay, though I hated involving him as it put him in her firing line. She did this shortly after Phil's Dad was ill, and after 2 days of trying to get through Phil did the 360 mile round trip because he couldn't be sure that she'd even tell him if his Dad died - she'd certainly never ring us, so any news good or bad would be waiting for Phil's usual weekly call.

Just want to know for sure about the will, and then let her get on with her life however she wants to lead it, so we can get on with ours. Whether we will be able to remains to be seen.

However, thanks for the advice. Will let you know any developments.

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Hiya Nessa..... the last few posts were in fun, yes. :-).... so please don't worry. Sometimes people have differences on here but this was only a light-hearted spat and I'd like to think he found it as funny as I did.... :-)

 

Have you contacted the Will-writing company yet? I'm not sure how things worked years ago; perhaps people had more respect for the wishes of people who'd passed away and did what they were meant to do, I don't know. In any case, it's time to see a solicitor now Nessa..... As much as you don't want the expense, it's clear that you're not going to get any joy from this lady at all and whether you get to see the Will from this company or not, there are clearly issues to be discussed re. her mental capacity to be Executor, as well as aspects of the Will itself.

 

Have a read through some of Uaraman's threads re. his own experience..... I'll be back with the links for you shortly.

 

:-)

 

 

Halifax Bank Beneficiary and Executor Fraud.

 

fos and the Halifax Bereavement Centre Part 2

 

FOS complaints

Edited by PriorityOne
To add links....
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Pleased that you realise your situation. Can I suggest the following? go www.timesonline.co.uk. Look for 'Wills and why you can be cheated'. Yes, sadly the old days are gone, and this article might make you aware of what could 'possibley' be happening whilst you contine to delay further action. Never assume anything, and whilst her behaviour could be classed as eccentric, it could also hide something else. Fraud.

 

Make your visit to the Probate Office as quickly as possible. In respect of the Will Writing Company? Again, they are not required to discuss the Will with you or give you a copy of anything (and won't). Action is as follows for yourselves.

 

  1. Probate Office
  2. Solicitor
  3. Police

No other possibility exists at this moment in time. For every day you waste, the more you stand to lose. Whilst I appreciate this scenario is sometimes difficult for anybody, it really is the only way forward.

 

 

 

The spat last night was a little fun rest assured. No offence was taken and absolutely non meant

Edited by uaruman
typo
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  • 1 month later...

Sorry if I gave the wrong impression about that. What I meant was that after nearly 6 years, and STEP pressing ministers to act, nothing has been done.

STEP surveyed its members then and found that 50% of those that replied (according to the article) had come across suspected fraud or theft from an estate.

The estimated cost then was £150 million. Remember that a beneficiary has little or no rights (hence the importance of reading the article). How the allegations

are dealt with by the Police, again, is a Post Code lottery. Basically seen as a white collar crime, with the instigator usually having several years to plan the crime, its

difficult to investigate because person who left the Will is dead.

 

Going in to a deep period of financial instability, as the UK is now, expect this crime to rise to a level unimagined even then. The police, with even more limited

resources, will be inclined make sure it is marked "no further action". A true figure is impossible because, in most cases, the money will have been spent on items

which without police help would be difficult to ascertain. Most banks will not supply information without a legal challenge, for fear of legal action against themselves

 

Anybody with a similar problem needs to Post on the site. I'm extremely interested

 

A sad and sorry situation

Edited by uaruman
typo. sorry for layout computer playing up
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  • 2 months later...

A similar situation.

 

I am an executor to my stepfathers will, along with his daughter. His will has been in existence for 30 years, unaltered and I am NOT a benificiary.

 

My stepfather married again 2 1/2 years ago aged 82, under verry suspicious circumstances, having just been discharged from 6 weeks in a mental facility. I have had no contact with him since.

 

My stepfather passed away a couple of days ago, having been verry ill for the past 2 1/2 years.

 

His new wife has informed his daughter, that a new will was made 2 weeks ago, where she is the beneficiary. I understand that the new will was drawn up by her solicitors and not our family solicitors.

 

She has done this before, with another old gent.

 

Given that his health was so poor at the end, being on oxygen 24 hrs a day, can this be legal for his new wife to arrange for a new will, disinheriting his children?

 

Are ther any steps that I should take as an executor of his original will?

 

Vint.

 

 

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Hello there. I'm sorry to hear about your stepfather and I really feel for you and your stepsister over what's happened. The lady sounds tricky and I have a friend the same thing happened to, very upsetting.

 

I hope people will be back to advise you, although I feel uaruman said a lot of what could be said a couple of posts back. I guess you've read the article he linked to?

 

You seem to be hinting that your stepfather didn't have the mental capacity to execute a will. Do you think he was of sound mind at the time?

 

We saw something similar [not mental incapacity though] recently seen from the point of view of a beneficiary to a new will, and sadly the consensus was that if the will was drawn up by lawyers, it was much harder to argue against it. But I'm not the be all and end all of probate.

 

Have you had sight of the will?

 

My best, HB

Illegitimi non carborundum

 

 

 

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A very interesting Post. I don't have to tell you that, in Law, the present Will is the valid one. The situation needs to be discussed with your family Solicitor. He will advise you on the steps you need to go through in challenging this particular Will. There are obviously issues such as your step fathers age, his mental state at the time in question of writing that particular Will (medical records) and his Widows past history. Whilst he may have appeared, to all intents and purposes sane when he wrote the Will out, his medical records may tell a totally different story.

 

It would be interesting to get 'sight' of the new Will although, this once again, might be problematic. I certainly wouldn't attempt anything further without, as suggested, discussing it with your family Solicitor.

 

I would be inclined to issue a Caveat under the premise of you challenging the validity of the Will. It's a legally complex issue (as I well know) and I would be inclined to move fairly quickly. (The Caveat suggestion is on the assumption that his Will actually goes to probate)!

 

There really are more questions than answers at this stage

 

I would be extremely interested to hear your Solicitors comments.

Edited by uaruman
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A very interesting Post. I don't have to tell you that, in Law, the present Will is the valid one. The situation needs to be discussed with your family Solicitor. He will advise you on the steps you need to go through in challenging this particular Will. There are obviously issues such as your step fathers age, his mental state at the time in question of writing that particular Will (medical records) and his Widows past history. Whilst he may have appeared, to all intents and purposes sane when he wrote the Will out, his medical records may tell a totally different story.

 

It would be interesting to get 'sight' of the new Will although, this once again, might be problematic. I certainly wouldn't attempt anything further without, as suggested, discussing it with your family Solicitor.

 

I would be inclined to issue a Caveat under the premise of you challenging the validity of the Will. It's a legally complex issue (as I well know) and I would be inclined to move fairly quickly. (The Caveat suggestion is on the assumption that his Will actually goes to probate)!

 

There really are more questions than answers at this stage

 

I would be extremely interested to hear your Solicitors comments.

 

Thanks Uaruman,

 

The situation seems to be resolving itself unless the old will is challenged.

 

Strangely, her Solicitor did not certify or register my stepfathers new will.

 

Maybe he could read between the lines.

 

Vint

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  • 3 months later...

similar situation here, my husbands father died 2009 and his wife was executor, she has hidden all bank accounts and all shareholdings from the estate, leaving debts owed with no money in the estate to pay them. there is a family farm that my husband was left, giving his mum a life intrest in, but she wants it sold to cover debt .

We know there is ample funds and life policies to cover same and for her lifetime but they have all been hidden by my husbands mother and sister.

Even though we had a lead verbally with a french shareholding company that he held shares but were drawn down a year after he died (by the man deceased!!) but the company are now denying all knowlege of him, and as it was a phone conversation then we have no come back

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