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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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Due to lack of communication between my very dysfunctional

Customer Question

Due to lack of communication between my very dysfunctional family, it has just come to light in the last 4months that my youngest brother did not receive our dads will (he moved houses several times)and we are totally shocked that he was unaware of his rightful inheritance as a beneficiary. More shockingly is the fact that our dad died in Dec.,1999.
I received a cheque for my full inheritance (and I'm assuming all my other siblings did too) and there is at least one last grandchild to receive monies in 4 years time on reaching the age of 21years.
What would you advise we do?
Can we approach my dads solicitor and enquire about his rightful inheritance. I'm considering doing this as soon as next week. Or should we approach the executors. This might entail a rather frosty reception for my brother, but I can most definitely approach one of them without any animosity.
We feel it would be best to approach either of the above first of all and as a very last resort appoint a solicitor to find out where the money is after all these years
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year 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.
Who are the Executors?
Clare
Customer: replied 1 year ago.
Hello Clare,
Thank you for your reply.
Three executors were appointed. Two of my dads brothers (one of whom died last year) and the third our big brother, the eldest whom we don't communicate with unfortunately.
With regards
Linda.
Expert:  Clare replied 1 year ago.
Hi
Just to check - the Will did leave your younger brother a share of the residue?
Clare
Customer: replied 1 year ago.
Hello Clare,
Just got my dads will to hand and the scheme of division of residue was divided amongst the seven children all equal sums of money. My brother is the 5th name on the list of seven.
i asked my brother to get bank statement copies for the period of one year as proof of no monies forwarded into his bank account.
Kind regards,
Linda
Expert:  Clare replied 1 year ago.
Hi
Then the starting point is to approach the solicitor and ask if there was indeed an un cashed cheque.
I will admit that it seems unlikely that the solicitor will not have acted on that in over 15 years as we need to account for the monies at all points - but nonetheless it is where you should start
If that fails then you will need to approach the Executor who is in fact personally responsible for ensuring that the terms of the Will are followed.
However until there is some evidence of what ahas actually happened (did the cheque get cashed illegally; was the executor notified of the problem etc etc) the way forward cannot be clear.
I hope that this is of some assistance - please ask if you need further details
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33826
Experience: I have been a solicitor in High Street Practice since 1985 with a wide general experience.
Clare and 2 other Law Specialists are ready to help you
Customer: replied 1 year ago.
Hi Clare,
Thank you for clarifying where my brother and I have to start our search for his uncashed cheque. There has to be evidence somewhere. Thank you for your guidance.
Kind regards,
Linda.
Expert:  Clare replied 1 year ago.
Hi
You are most welcome - I hope all goes well
Clare

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