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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My great grandad set up a will making all his grandkids

Resolved Question:

Hi
My great grandad set up a will making all his grandkids to get 7000 inheratence. My dad borrowed money from my great nan and she said he had to give it back cause it was inheratence money he never gave it back and now hes moved down south and none of the family including me speak to him everyone else recieved their inheratence last year however i have not my nan said there is not enough money and there not taking it out on me however i dont think this is true.
Is there anyway i can get my inheritance?
Submitted: 2 years ago.
Category: Law
Expert:  Joshua replied 2 years ago.
Hello and thank you for your question. I will be very pleased to assist you. I'm a practising lawyer in England with over 10 years experience.

May I ask how long ago your father borrowed the money from your great grand mother please?

Did he borrow any money from your great grandfather or just your great grandmother?
Customer: replied 2 years ago.

I cant really prove when he borrowed money over 6 years ago but i only know this info through my nan but i do not know weather to trust them or not as they have a habbit of lying. Is there anyway of requesting to see the will ?

Expert:  Joshua replied 2 years ago.
Thank you. Do you know who is appointed executor in your grandfathers will?You probably will not know this I suspect from what you say but if your dad borrowed money more than 6 years ago do you know when he last might have either acknowledge he owes the money or made any repayment against the loan?
Customer: replied 2 years ago.

Do you mean the solisitor or lawyer?

And to my knowledge if what my nan is saying is true he has not payed anything back yet.

Expert:  Joshua replied 2 years ago.
Normally a will would appoint one or more executors to actually carry out the administration of the estate. This could be a solicitor or it could be a family member or friend. DO you know who was appointed?
Customer: replied 2 years ago.

That would be my dads mum doreen whittington or sometimes she goes under her maiden name doreen cox.

Expert:  Joshua replied 2 years ago.
Thank you. the legal position is that if your grandfather made legacies to his grandchildren in his will, these legacies will stand and are legally enforceable by the beneficiaries that benefit from those legacies. the fact that your father may have borrowed money from your grandmother in the past or even your granfather and has not paid back does not affect the validity of those legacies. if your father has borrowed money from your grandmother are not paid back, your grandmother could take action to recover those monies in the County Court if necessary though it is important she does not with more than six years in order to do so since either the last payment your father made towards the loan or the last date that he acknowledged that he owed money or she may be statute barred from reclaiming it. If there is insufficient liquid money in your grandfather's estate to pay legacies, then the starting point is that capital assets such as his house may need to be sold however this is subject to what follows. If your grandmother finds that there is insufficient money in the estate and the legacies and therefore is faced with a situation whereby capital assets such as property may need to be sold, he/she can demonstrate that she would be financially prejudiced, for example made homeless, she challenging the will on the grounds that your grandfather has failed to adequately provide for her. Such a challenge must be made within six months of any part of probate. however, from your point of view, if your grandfather has left a legacy to you in your will, you can demand a legacy as above from the executor(s). The legacy should be paid within 12 months of the date of your grandfather's passing or you may apply to claim interest on the legacy. In terms of having sight of a copy of the will, you can ask the executive for a copy in the first instance though they may refuse to provide you with one. If they do refuse, you can obtain a copy from the probate registry as soon as probate is obtained for a nominal fee. In order to do this, you will need to contact your local probate registry and ask to make called a standing search of the probate register. The search lasts for six months and the moment to prove it is applied for in respect of your grandfather's estate, it will send you a copy and you will be able to read the contents of the will. It is not applied for within six months, you need to renew the standing search. you can find your local probate registry and obtain the form to carry out a standing search through the following links:https://www.gov.uk/wills-probate-inheritance/searching-for-probate-recordshttps://courttribunalfinder.service.gov.uk/search/ I hope the above is of assistance? If you have no further questions for now I should be very grateful if you would kindly take a moment to click to rate my service to you today or let me know if the above is helpful. Your feedback is important to me. If there is anything else I can help with please reply back to me though.
Customer: replied 2 years ago.

Hey sorry the thing is my great granddad died more than 10 years ago. I found out a month ago that evryone recieved their part of the money last year so could i atill take action even tho he has been passed for this long

Expert:  Joshua replied 2 years ago.
Thanks for your reply. There is no limitation period in respect of testamentary gifts. In other words there is time limit on how long you can claim a gift made under a will. Therefore you would still have a claim against the executor of the will for the gift made to you in the will just as if your grandfather had only passed away yesterday.Do you have any other question or does this help with all your queries? If it does I should be very grateful if you would let me know if the above was helpful
Joshua, Lawyer
Category: Law
Satisfied Customers: 25358
Experience: LL.B (Hons), Higher Prof. Dip. Law & Practice
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