Letter of wishes

[MrNoo]

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?

 

[teslacoils]

Ask for copy of will and see if one is referred to?

 

[i dont belief it]

Executors have so much control its unbelievable what they can do, solicitor said it could be a six figure sum to try and sort things out and no guarantee of outcome.

 

[MrNoo]

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]

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]

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.

 

[Exfarmer]

There are many wills which disappear when they get in the wrong hands, yet alone letters of wishes. Always deposit the original with your solicitor!

 

[Wombat]

There are many wills which disappear when they get in the wrong hands, yet alone letters of wishes. Always deposit the original with your solicitor!

And even then the solicitor can still loose the will as they did with one of our relatives

 

[teslacoils]

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]

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]

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

 

[chipchap]

Even a will is only a statement of intent really. Many legal documents have more weight than a will, for example a Partnership Agreement.

 

[An Gof]

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

 

[David.]

My condolences, I didn't know you had lost your father.

 

[curlietailz]

Don’t forget one Probate has been granted the Will becomes a public document and can be ordered off the internet Govt site.