Letter of wishes

MrNoo

Member
Arable Farmer
Location
Cirencester
Have an executor saying that a letter of wishes doesnt exist when I know full well it does or certainly did, as was told of various people who would benefit from it by the person who died. It would be my father's letter. I am right in that the executor doesnt have to share the details of what is contained but nevertheless should actually admit there is one?
I also have confirmation from another source that one existed.
I assume it's a solicitor job?
 

MrNoo

Member
Arable Farmer
Location
Cirencester
Nothing referred to in the will. Executor is my Step mother and yes, they seem to have carte blanch to do and say as they please. It was hard enough to get a copy of the will.
 

Exfarmer

Member
Location
Bury St Edmunds
Sadly a letter of wishes is not legally enforcable, so if the executor does not follow the letter, providedthey follow the will to the letter, there is little can be done.
knowing nothing of the situation, there is a claim of reasonable expectation, but it will come at huge legal cost.
 

chaffcutter

Moderator
Arable Farmer
Location
S. Staffs
The will is the definitive legal instrument, a letter of wishes is exactly that - ‘wishes’. You can only hope that the executors carry out your wishes.

The only way to be sure is to change the actual will.
 

teslacoils

Member
Arable Farmer
Location
Lincolnshire
A lost will, unless it was very old, needs not be a huge problem.

Sadly, a letter of wishes does not require a high level of scrutiny, and I very much hope that this isn't a case of everything being left in trust but now an undercurrent of family malice / greed means the executor is going to pocket the lot to the detriment of the poster.
 

MrNoo

Member
Arable Farmer
Location
Cirencester
No, it's just my father said he was going to leave money/gifts to various people and I would have been very interested to see who else as it would be an indication of who he respected/valued enough to do that. The executor says there is no letter, who knows if there was or not. That is the issue with people like that.
 

Exfarmer

Member
Location
Bury St Edmunds
I am writing this in the belief that I never met or knew your father, so please do not be offended in what I say.
i have met many people whohave been unhappy how wills turn out. So often parent promises all things to all siblings and others. I have seen it close up and distant. One day son, all this will be yours, except they forgot to mention, after you have bought out your siblings and cousin Jack.
it is though increasingly popular today for spouses to make mutual wills and then a letter of wishes to ask the survivor to make gifts to different people. This has huge tax advantages if the spouse survives a further 7 years.
sadly any arrangement can fall apart

The executor is in full control of the estate and legally may destroy any such letter if it takes them, the will of course is public property and any knowing destruction could lead to fraud charges
 

An Gof

Member
Location
Cornwall
Hmmn sometimes the letter of wishes will not be referred to in the will deliberately. It might name benefactors of certain chattels that can be dealt with without appearing on the estate and valuation. I “have heard“ that this might be the case with specific jewellery items, art or individual pieces of furniture 😉 It may of course be all idle gossip 😉😉
 

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Man fined £300 for bonfire-related waste offences

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Written by William Kellett from Agriland

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A man has pleaded guilty at Newtownards Magistrates’ Court to waste offences relating to a bonfire next to the electrical sub-station on the Circular Road in Newtownards, Co. Down.

Gareth Gill (51) of Abbot’s Walk, Newtownards pleaded guilty to two charges under the Waste and Contaminated Land (Northern Ireland) Order 1997, for which he was fined £150 each and ordered to pay a £15 offender’s levy

On June 25, 2018, PSNI officers went to Gill’s yard, where they found a large amount of waste consisting of scrap wood, pallets, carpet and underlay.

Discussion with Northern Ireland Environment Agency (NIEA) officers confirmed the site...
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