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Thread: Wills Inheritance advice

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  1. #1
    lizy's Avatar

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    Default Wills Inheritance advice

    Hi,

    Hoping for a little bit of advice please. My father passed away last year leaving a will detailing his wishes. As executor I obtained probate for the estate about 1year ago. A property he owned was then sold and the proceeds were then paid out to two beneficiaries, being myself and my sister.
    Recently I have received correspondence from our other sister who has had nothing really to do with the family (didn't even go to his funeral), but has asked for a share of the house sale, claiming she had a verbal agreement with me and it's what dad would have wanted. No such agreement exists and it has really angered me, my sister and her family that she has done this. She wasn't in the will, the exact reasons for this I believe was because of how she was towards my parents.

    Do I respond to her? Or do I just ignore her? She done nothing for our family, didn't even had the decency to go to the funeral, which another family member believes it because she knew she wasn't in the will. She's aware the share I received was larger than my other sister, I think this was due to everything I did for him over the years, of which I gave to all the grandchildren as late on it was what my father asked, so I haven't received anything above my other sister (even though she said I Deserved it, I didn't feel right with that)

    I'm really loathed to speak to my other sister, but wanted to know where I stand with what she is alleging (which is complete rubbish), and how to respond if at all, how best to deal with it.

    many thanks

    liz

  2. #2
    paulajayne's Avatar

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    Default Re: Wills Inheritance advice

    Basic letter to her.


    Along the lines of "In my duties as executer of the will I have complied with the terms of the will and distributed all items and monies to the named beneficiaries.
    You were not a named beneficiary."


    Short and simple.

    Maybe include a copy of your late fathers will.

  3. #3
    lizy's Avatar

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    Default Re: Wills Inheritance advice

    Hi paulajayne,

    Thank you for the response, I was wondering whether to respond to her or not (family were of the opinion not to). Where do I stand with her claims of a verbal agreement? Is it worth including that there was no such thing, so all her points are answered.

    thanks

  4. #4
    paulajayne's Avatar

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    Default Re: Wills Inheritance advice

    Verbal agreement not usually worth the paper it is written on.

    Stick with the short and simple letter.

  5. #5
    Peridot's Avatar

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    Default Re: Wills Inheritance advice

    Hi Lizy,
    It would be for your sister to 'prove' her claim against the estate, if she believed she had one. It does seem that she may be trying to argue that she had an agreement with you, not the estate? Even if this is the case it would still be for her to 'prove' her claim to be successful.
    With regard to any claim against the estate, if this is what she is indication, she would have to show that she was entitled to bring the claim. I assume from your original post that your father was not supporting your sister in any way and that she is an independent adult? Does she have any children (your father's grandchildren) that your father supported in any way?
    I assume that it is also over 6 months since the Grant of Probate was obtained?
    She would be expected to bring any claim against the estate, within 6 months of the Grant of Probate. There are occasions when the Court will allow a claim outside the 6mth period but she would have to show that it was right to do so, which I think would be a struggle for her, as was aware of the funeral and has had ample opportunity to bring any claim sooner, if she believed she had one.
    Did your father leave a letter explaining his reasons for excluding your sister? (Always a good idea if you are excluding someone from your Will, but not always done).
    As paulajayne suggested if she has not already received a copy of the Will then maybe an idea to send her one, although it seems that she may be alleging she had an agreement with you, rather than having a claim against the estate? If that is the case, you need to find what she believes was agreed and when before anything else.
    I am a qualified solicitor employed by the LegalBeagles forum to provide guidance on a wide range of legal queries. I am happy to try and assist informally, where needed.

    Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any practical advice I give is without liability. I do not represent people on the forum.

    If in doubt you should always seek professional face to face legal advice.

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