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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 31768
Experience:  Over 5 years in practice
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My brother left 1.1 million. He intended his whole estate

Customer Question

My brother left 1.1 million. He intended his whole estate to come to his two sisters. We were misled as to the wording and the majority of the cash is going to charity and we each get about £ 40,000.00.

Should we challenge as we know that it does not reflect his intentions?
V A White
Submitted: 3 years ago.
Category: Law
Expert:  Senior Partner replied 3 years ago.
Hi thank you for your question. Can you explain how this cam about. You say you al made similar wills. Did a solicitor draft them? How can your brother have left the whole estate to charity except a small legacy if he intended it to go to you and your sister?

What evidence do you have that it was a mistake?

When did you brother make the will? Was he of sound mind at the time?
Customer: replied 3 years ago.

We all made our Wills at the same time with the Solicitor. We were told that, to avoid tax, we could leave £325.000. My brother thought that we would both get this amount + his share of our house and the remainder could go to Charity.


 


The Solicitor did not explain that the £32500. would be just once, minus some tax on his share of the house minus £10.000.for Executor minus Expenses. This left us with 4% of the cash.


 


The Solicitor admitted later that she did not understand his wishes and told us to change our Wills.


 


It is a complete mess.