They can still challenge....
Family Will/Inheritance
- Thread starter ontheball
- Start date
serf
Member
- Location
- warwickshire
Can't say they were " left out of it" though ...
- Location
- somerset
going through trying to settle a will, that was challenged 30 yrs ago !
the will was incorrectly written, wording not the 'wishes', a deal could have been reached, but not acceptable to all parties, just wanted money money money.
stopped the farm being sold, and rented it for 30 years, not unduly worried about that, kept mother going - who was the main cause of trouble !
she's gone, now siblings to sort.
but you need expert advice, and quickly. One thing has quickly become very obvious, the law, and its interpretation, continually evolves, basically any document over 5 yrs old, is rarely 'unchallengeable' to some degree.
that's nothing to do with how it was written, its because some judge, in the uk, has decided something wasn't right/fair or whatever, then that is precedent, and becomes 'law'.
a hand written letter, clearly stating your wishes, is pretty bombproof.
in my case, the legal decisions, taken 30 yrs ago, forming a trust, look to be incorrect, not properly drawn up, and full of 'assumptions' that were incorrect. The expression, 'the shites about to hit the fan' pretty well sums it up.
my legal guru, say's its in my favour, but what you don't know, is what the other side are being told. I do know they are extremely reluctant to produce some crucial documents, and solicitors have registered the possibility of a claim against them, with their insurance.
its a complete mess, and complicated, but what l have done, is put an offer to them, based on probate, that if it ends up in court, a judge looking at it, would say 'its fair'. Puts you in the moral high ground, if you go to court.
pretty certain in my case, there's not a lot they can do, without my agreement, and hopefully a 'deal' will be struck, but you never know.
what gives me some re-assurance, is they are not 'pushing' for their money, which no-one can understand why. So their advice, looks to be the same as mine.
the will was incorrectly written, wording not the 'wishes', a deal could have been reached, but not acceptable to all parties, just wanted money money money.
stopped the farm being sold, and rented it for 30 years, not unduly worried about that, kept mother going - who was the main cause of trouble !
she's gone, now siblings to sort.
but you need expert advice, and quickly. One thing has quickly become very obvious, the law, and its interpretation, continually evolves, basically any document over 5 yrs old, is rarely 'unchallengeable' to some degree.
that's nothing to do with how it was written, its because some judge, in the uk, has decided something wasn't right/fair or whatever, then that is precedent, and becomes 'law'.
a hand written letter, clearly stating your wishes, is pretty bombproof.
in my case, the legal decisions, taken 30 yrs ago, forming a trust, look to be incorrect, not properly drawn up, and full of 'assumptions' that were incorrect. The expression, 'the shites about to hit the fan' pretty well sums it up.
my legal guru, say's its in my favour, but what you don't know, is what the other side are being told. I do know they are extremely reluctant to produce some crucial documents, and solicitors have registered the possibility of a claim against them, with their insurance.
its a complete mess, and complicated, but what l have done, is put an offer to them, based on probate, that if it ends up in court, a judge looking at it, would say 'its fair'. Puts you in the moral high ground, if you go to court.
pretty certain in my case, there's not a lot they can do, without my agreement, and hopefully a 'deal' will be struck, but you never know.
what gives me some re-assurance, is they are not 'pushing' for their money, which no-one can understand why. So their advice, looks to be the same as mine.
This is why wills should be looked at regularly, the smallest change in circumstance can make a will absolutely worthless, all ours are up to date, but I also have what I term my "nuclear" option of a hand written letter signed by my parents (who own all land and property and have the largest share in the business)and witnessed by 2 independent solicitors should any fall out occur between my siblings(which there will be). I have had this done to protect me and my family because I want an easy life ! It outlines that as long as I get what my share is they can fight over what's left ! A bit mercenary I know ! But having 2 siblings that are sure that the other has a £ more than the other and are very bitter about it !
- Location
- somerset
my grandparents did that, leaving a hand written letter
OM and his brother, completely ignored it, and happily agreed together what to do, no problem between them, but it meant they paid their sister out twice, instead of once.
fast forward, to their deaths, ignoring that letter, which basically detailed exactly what to do, to avoid myself, and cousin paying IH, meant big bills, my solicitor reckoned it was brilliantly worked out, completely wasted. That's life.
however, it does show what the intended course of action, and replicated in OM's will, and its entirely possible that would assist me, if we have to go to court, it shows the intent, for a long term future, for both my self and cousin.
all l know, its a bloody mess.
but, anyone who hasn't written/updated their wills, DO IT, unless of course, you want your family to fall out, and be remembered as a miserable old git, that fudged it all up.
Netherfield
Member
- Location
- West Yorkshire
JUst after mum died I told dad I didn't want anything left to us in his will, us being wife, daughter and myself.
He'd already given my daughter some of mum's rings, which pee'd my sister off no end, I went on to say we'd gained enough previously when forming the partnership we had at the time.
After this he asked me to go through his will with him being as how I had no interest, which I did and thought it was all sorted out quite fairly, all my brother and sister had to do was decide between themselves what was what if they disagreed.
He had originally got sister and myself as executors, I told him no way would I work with her, so he then changed it to Brother and myself.
I did leave my brother to do most of the spade work, chasing shares and bank accounts and life policies.
My accountant did all the probate work for us, which saved a trip into Leeds.
I did find out later that you may be a named executor, but you can refuse this job if you so wish.
And how stupid some companies can be, dad had a few shares which he left to my brother, because there were some dividends due to be paid they sent sent cheques paid to the 'executors of xxx', dad's account had already been closed, of course no bank will take a cheque not in the account holders name, no matter how many phone calls he made they persisted in doing this, until eventually they sent one in our joint names together, still no joy cashing that one either, these people were working from home so he always got a different person.
Total amount came to less than £30, so we decided to not bother chasing it, but because the cheques were not cashed they kept sending another to replace them, I just kept shredding them and this is the first year where they haven't sent a replacement, accountant thinks that they send money not claimed to charity after a while.
He'd already given my daughter some of mum's rings, which pee'd my sister off no end, I went on to say we'd gained enough previously when forming the partnership we had at the time.
After this he asked me to go through his will with him being as how I had no interest, which I did and thought it was all sorted out quite fairly, all my brother and sister had to do was decide between themselves what was what if they disagreed.
He had originally got sister and myself as executors, I told him no way would I work with her, so he then changed it to Brother and myself.
I did leave my brother to do most of the spade work, chasing shares and bank accounts and life policies.
My accountant did all the probate work for us, which saved a trip into Leeds.
I did find out later that you may be a named executor, but you can refuse this job if you so wish.
And how stupid some companies can be, dad had a few shares which he left to my brother, because there were some dividends due to be paid they sent sent cheques paid to the 'executors of xxx', dad's account had already been closed, of course no bank will take a cheque not in the account holders name, no matter how many phone calls he made they persisted in doing this, until eventually they sent one in our joint names together, still no joy cashing that one either, these people were working from home so he always got a different person.
Total amount came to less than £30, so we decided to not bother chasing it, but because the cheques were not cashed they kept sending another to replace them, I just kept shredding them and this is the first year where they haven't sent a replacement, accountant thinks that they send money not claimed to charity after a while.
- Location
- Carmarthenshire, West Wales
Both my children have told me, they don't want me to scrimp and save, to be able to leave a large inheritance, rather, they want me to enjoy my money myself.
- Location
- Carmarthenshire, West Wales
Will add, neither want to farm
two-cylinder
Member
- Location
- Cambridge
All siblings should be left something, the division can reflect any past gifts, their need, and perhaps their worthiness?
Rich_ard
Member
"Nothing" would be more straight forward, but harsh
- Location
- somerset
my two will fall out, both know what's in my will, daughter thinks it ALL should go to her brother, saying, he's worked hard enough, and deserves the lot !!!!!
but, if/when we sort our siblings out, if it works out, as suspected, a deal will be done, she will get a nice slice of the pie, without affecting her brother, and l think that's fair.
but, if/when we sort our siblings out, if it works out, as suspected, a deal will be done, she will get a nice slice of the pie, without affecting her brother, and l think that's fair.
This is the best advice on the thread if your parent is sound of mind
- Location
- somerset
just an update, halfway through dec, and they still haven't provided us with the information requested. And we have undeniable legal right, to see it.
and l still cannot understand why they are not chasing money, the only reason l can see is, they have been told its a cock-up, and they are waiting for a more generous offer from me.
my next offer, will be less than the last one
speaking to solicitor again this week, and if legally sensible, they will be told that we can, and will, 'blight' any attempt to sell the farm, ask for documents again, and close the case down, until such time as they would like to talk business. Meaning l don't fork out my solicitors bills !
there's pretty obvious 'something' is very wrong with the paper work. It could, interestingly, make a potential claim, for a lot of the money, spent by the trustee's, in the last 30 yrs or so !! And take matters back to the original will, and its 'intentions'
but as many have said, barristers, courts and solicitors, soon escalate costs, read somewhere a court case runs about £100,000 for a simple case, pro-rata after that. Court should be avoided at all cost.
- Location
- Carmarthenshire, West Wales
Three days in court, let's say £40 000 for both parties in costs or put it another way, three days in court a new pick up and a good second hand tractor in costs!
Maybe the lawyers would accept those things in payment
glasshouse
Member
- Location
- lothians
Depends who created the assets.
Sometimes not the person who is going to gift them, but the recipient.
flywheel
Member
- Location
- wae up north
....once told by a lawyer, to challenge a will it goes to high court ...Qc & they wur 10k a pop ...usually 10 minutes in court & multiple visitst high court ...& high court basic fee is 50 k ....that was 10 years ago. Money drain ...
- Location
- Near Beeston Castle
This is why anyone contesting a will stands a good chance providing they can fund it. It comes down to not who is right but who blinks first.