What to do when you haven't been informed that you are a beneificary in a will?

[raremoviemax]

Hello,

I am posting here to hopefully get some advice on what is a disressing and confusing situation.

I had been somewhat estranged from my father for a number of years and hadn't had any contact with him since 2010. Without going into too much detail we never had a close relationship and I very rarely saw him. He never contaced me and unless I contacted him there was no contact. Quite by chance a few months ago I discovered that my dad had died in 2013. He had been in a care home for about five months before he died and apparently he suffered from advanced dementia. No member of my family contacted me to inform me of his death or in fact that he was in a care home. When I visited the care home and went through their records I discovered that my uncle - who was the executor of my dad's will and I am assuming had Power of Attorney over my dad's affairs - had told the management there that my dad had no children so they were not aware that there was anyone they could have contacted with regard to my dad's situation other than my uncle. I was therefore not given any opportunity to spend time with him at the end of his life (even if he hadn't known who I was) and nor was I given the opportunity to attend his funeral.

I managed to obtain a copy of my dad's will (for the cost of ten pounds) and discovered that I was a beneficiary in it. My dad left his share of his property (which was very valuable) to my uncle - who as I mentioned was the executor of the will - and the rest of his estate to me. Probate was completed in 2014 but even during probate no-one contacted me. When I confronted my uncle over this and asked him why he hadn't told me that my dad had died he claimed that he 'didn't know how to contact me' even though my name and address (which hasn't changed) was printed in the will that he was an executor of. Am I right in assuming that I should have been contacted by my uncle to inform me that I was a beneficiary? And if so is there anything I can do about it as such a late date?

I am not seeking any financial renumeration from this but I do feel a sense of injustice - not just with regard to myself but to my uncle's treatment of my dad which I feel was less than considerate. I would like to know exactly what happend to my dad's estate - not just his money but any physical artefacts that he might have left me in his possessions.

Any advice would be greatly appreciated.

Many Thanks,

Stephen

[des8]

Re: What to do when you haven't been informed that you are a beneificary in a will?

Hi and welcome
A distressing situation.

As a beneficiary you should have been told, you should have been given your inheritance, and if a residuary beneficiary a copy of the accounts of the estate.

I therefore would suggest a signed for letter to your uncle, the executor asking for these within 14 days.
It will depend on the wording of the will as to whether individual specific items should have been kept for you, or if it was just the residual value of the estate.
As you did not receive your legacy within 12 months statutory interest will have to be paid by the executor to you. (That interest is taxable)

If the response (if any) is unsatisfactory you have the recourse of the courts.
You may not wish to go down that road as it is still "family", but t be blunt it looks as if your uncle has stolen from you not only the value of the legacy,but the opportunity to be reconciled with your father.

[raremoviemax]

Re: What to do when you haven't been informed that you are a beneificary in a will?

Hi Des,

Thank you for your response and advice. Much appreciated.

I was a residuary beneficiary. The exact wording is ;

"Subject to the payments of my debts funeral and testamentary expenses I give all my residuary estate both real and personal whatsoever and wheresoever (including any property over which I may have a general power of appointment or disposition by will) to my son....."

If I understand your advice correctly then I am entitled to a copy of the accounts relating to my dad's estate. Presumably there is no time limit on when I can request this? If I could ask with regard to the signed for letter is there any particular wording that I might need to use from a legal perspective? Finally, if he doesn't respond to this request and I pursue him through the courts what would I specifically be sueing him for? I suppose I can't determine if his behaviuor has been just dishonest and underhand or actually illegal and unlawful - or would that be for a court to decide? My own sense is that he has something to hide otherwise why go to such lengths to keep me in the dark and I want to get to the truth concerning this.

Thanks Again,

Stephen

Hello,

I am posting here to hopefully get some advice on what is a disressing and confusing situation.

I had been somewhat estranged from my father for a number of years and hadn't had any contact with him since 2010. Without going into too much detail we never had a close relationship and I very rarely saw him. He never contaced me and unless I contacted him there was no contact. Quite by chance a few months ago I discovered that my dad had died in 2013. He had been in a care home for about five months before he died and apparently he suffered from advanced dementia. No member of my family contacted me to inform me of his death or in fact that he was in a care home. When I visited the care home and went through their records I discovered that my uncle - who was the executor of my dad's will and I am assuming had Power of Attorney over my dad's affairs - had told the management there that my dad had no children so they were not aware that there was anyone they could have contacted with regard to my dad's situation other than my uncle. I was therefore not given any opportunity to spend time with him at the end of his life (even if he hadn't known who I was) and nor was I given the opportunity to attend his funeral.

I managed to obtain a copy of my dad's will (for the cost of ten pounds) and discovered that I was a beneficiary in it. My dad left his share of his property (which was very valuable) to my uncle - who as I mentioned was the executor of the will - and the rest of his estate to me. Probate was completed in 2014 but even during probate no-one contacted me. When I confronted my uncle over this and asked him why he hadn't told me that my dad had died he claimed that he 'didn't know how to contact me' even though my name and address (which hasn't changed) was printed in the will that he was an executor of. Am I right in assuming that I should have been contacted by my uncle to inform me that I was a beneficiary? And if so is there anything I can do about it as such a late date?

I am not seeking any financial renumeration from this but I do feel a sense of injustice - not just with regard to myself but to my uncle's treatment of my dad which I feel was less than considerate. I would like to know exactly what happend to my dad's estate - not just his money but any physical artefacts that he might have left me in his possessions.

Any advice would be greatly appreciated.

Many Thanks,

Stephen

[des8]

Re: What to do when you haven't been informed that you are a beneificary in a will?

First things first.

As you are a residuary beneficiary you are entitled to a copy of the final accounts.
As they have not been supplied he must render them to you on demand if the winding up of the estate has been completed
Get a copy of the accounts and see how much you should have received.
The accounts need to be accompanied by supporting documents
If there was nothing left after expenses etc, there will be no point pursuing him through the courts.
Do you have any idea how much your father's estate would be e.g.was there a house (the will refers to real estate) to sell?

Get the accounts and then decide your next move.

[raremoviemax]

Re: What to do when you haven't been informed that you are a beneificary in a will?

My father did have a third ownership of his family home which he left to my uncle. This has since been sold for a huge sum so my uncle has profited greatly from my dad's will. The rest of his estate (whatever that may have been) was left to me but I have no idea what, if anything, that may have included which is why the reference to property in the will relating to his residuary estate is confusing. The truth of the matter is that I have no idea what the state of his finances were so I will request a copy of the accounts as you suggest. If (as is likely) my uncle ignores this request, how would I go about compelling him to comply? Am I able to apply for a Court Order perhaps just so that I can see exactly what happend?

Thanks for your advice.

Hi Des,

Thank you for your response and advice. Much appreciated.

I was a residuary beneficiary. The exact wording is ;

"Subject to the payments of my debts funeral and testamentary expenses I give all my residuary estate both real and personal whatsoever and wheresoever (including any property over which I may have a general power of appointment or disposition by will) to my son....."

If I understand your advice correctly then I am entitled to a copy of the accounts relating to my dad's estate. Presumably there is no time limit on when I can request this? If I could ask with regard to the signed for letter is there any particular wording that I might need to use from a legal perspective? Finally, if he doesn't respond to this request and I pursue him through the courts what would I specifically be sueing him for? I suppose I can't determine if his behaviuor has been just dishonest and underhand or actually illegal and unlawful - or would that be for a court to decide? My own sense is that he has something to hide otherwise why go to such lengths to keep me in the dark and I want to get to the truth concerning this.

Thanks Again,

Stephen

[des8]

Re: What to do when you haven't been informed that you are a beneificary in a will?

Yes, you apply to the probate dourt.
Here's a thread on a similar situation: http://www.legalbeagles.info/forums/...when-requested