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JGM
JGM, Solicitor
Category: Family Law
Satisfied Customers: 11431
Experience:  30 years as a practising solicitor. Partner in own firm.
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My father gave me a gift of £60,000 4 years ago. My father

Resolved Question:

My father gave me a gift of £60,000 4 years ago.
My father died this year leaving everything in his estate to be divided by myself, my sister and my brother. My sister and brother are joint executors of his will.
I believe there was an instruction in the will that it "was not to be adjusted" after his death. I have been told that my brother and sister have now decided to send me £60,000 less than I was expecting "out of fairness". I have requested to see the will several times but have not seen it yet...
Whilst I realise the family divide this will now create, I believe this is breaking his last will and testament and therefore is against the law - please advise....
Submitted: 12 months ago.
Category: Family Law
Expert:  JGM replied 12 months ago.

I presume that either or both of your siblings are executors of your father's estate. As such they can't change the provisions of his will just because they want to. Whether his will says that or not doesn't matter. They just can't do it unless all beneficiaries agree to what is called a Deed of Variation or Deed of Family Arrangement. So unless the will specifically provides that the £60000 was to be taken as a payment to account of your inheritance they are treading on very thin ice and cannot hope to get away with this. I suggest you see your own solicitor immediately to take the legal steps to challenge them. I hope that helps. Please leave a positive rating so that I am credited for my time.

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