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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Hi. I was a named executor to my mothers Will together with

Resolved Question:

Hi. I was a named executor to my mothers Will together with my nephew. The Will made my nephew sole beneficiary however did not mention a large sum of money that was at my mothers house (over £50,000).
My nephew has administered the estate by himself, banking the money, claiming that I did not want to be involved in the process. This is absolutely not true and at no time did I organise a "deed of renunciation".
I would like to know what rights I have as an executor not being consulted/involved in the administration of the estate.
Submitted: 3 years ago.
Category: Law
Expert:  Clare replied 3 years ago.
Hi
Thank you for your question.
My name is Clare
I will do my best to help you but I need some further information first.
Given that he is the only beneficiary what is your major concern about this?
Clare
Customer: replied 3 years ago.
Hi Clare,

Apologies for the delay in responding as there was a mix up with the email I used.

Basically I'm looking for a way to challenge the will. I know that my mother wanted any money in the house to be shared evenly amongst her 4 grandchildren. I believe my nephew has deliberately acted solely to hide the fact that £57,000 was at the property. Basically are there any grounds based on any of the following:

1) He acted solely without consulting me (even though I'm the first executor listed on the will). He went against his solicitors advice on this.
2) The will did not mention the large sum of money but went to the length of naming insurance policies that totalled £3000. Can such a large sum of money be wrapped up in a "and anything else that constitutes my estate" statement (excuse the wording as I have not got the will in front of me).
3) Actually I was never informed that I was an executor (ie my mother never told me). I only found out when I was contacted by my nephews solicitor by which time everything had been concluded. I have read somewhere that a will can be null and void if executors are not informed.
4) Annoyingly my mother made it clear to my nephew that the money at the house (I had no idea of the sum) should be split evenly amongst 4 grandchildren (one of which is his own brother!). If I challenge the will would be nephew have to swear an affidavit to the fact?
Expert:  Clare replied 3 years ago.
Hi
For clarity - have you actually seen the Will and does it give everything to your nephew?
Was there anything in the Will that indicated that he had to give anything to anybody else?
Clare
Customer: replied 3 years ago.
Hi. Yes I have now got a copy of the will. The will only mentions my nephew and sister (who has since passed away). My sister was to inherit my mothers jewellery (which has since disappeared!) and my nephew was named to have fixtures and fittings plus whatever sum was in an insurance policy. There was no mention of £57,000, however there is a catch all for my nephew to have whatever is left in the estate.

Are there no grounds for me to challenge the will on any of the points I have previously raised? This is very upsetting for me as the money was no way intended for just my nephew. I feel he has "stollen" this from the other 3 grandchildren.
Expert:  Clare replied 3 years ago.
Hi
I am sorry but there are no grounds on which this can be challenged - the terms of the Will mean that your nephew was entitled to everything including the cash even if this is not what you believe your mother wanted - it is what her Will says and there is no way around this
I am sorry - I know that is not what you wished to hear but it is the position that you are in
Please ask if you need further details
Clare
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