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Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My farther died june 2014 he left a will and a codicil. He

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My farther died june 2014 he left a will and a codicil. He left a small amount £5000 to each of his children £25000 to his wife £100 to each of his grandchildren. He left the rest of his estate in trust to his children with the interest of his estate to his wife in her life time. There were issues with the codicil and without discussion with the familiy it was rewritten. ( a solicitor saw the will and codicil and told me it was old fashioned in its language but was fine).
My younger and I are given very little information. The chief executor has told us my elder brother is our link and executor we have told him he is telling us very little. I told him that my father talked to me and I had concerns at the new codicil naming my step brother in law as a extra trustee which my dad never expressed as a desire ( he was always worried about his wife's children re money) It was agreed between my step mum and dad that she would be looked after by the interest in the estate and his children the trustees.
Probate went through on 25 th july the only pay out has been £1000 each to 8 of his grandchildren. only £15000 to my step mother and nothing to my brother and I. The estate is worth £1.6 million. The last letter we saw was stating there was concerns there was no money to pay out the children. The house is valued at £670,000. I feel we are left in dark and not sure where we stand and what we can do. My dad was adament to me his wishes and was of sound mind right up to the end he was a retired solicitor.
Submitted: 1 year ago.
Category: Law
Expert:  Clare replied 1 year ago.
Thank you for your questionMy name is ***** ***** do my best to help youThere is something seriously wrong based on what you have said.There is no basis on which Executors can change £100 to £1000 unless that was in the Codicil or ALL the beneficiaries agree.In addition if the NET worth of the estate is £1.6 million and the house is only worth £670,000 then there should be ample funds for the £5,000 giftsGiven that you are clear that your father was of sound mind I am not sure whether you are claiming that the Codicil was forged - if so that is of course a serious issue and one which you must report.I suggest that you write a form letter to the "executors" expressing your concerns and asking for an explanation of the payment sto the grandchildren and when you may expect your £5,000Remind them that they are personally liable to you for that sum given their decision to pay excess monies to the grandchildren.Please ask if you need further details
Customer: replied 1 year ago.

The codicil was rewritten via a solicitor without consultation to the benificaries. We have not had sight of this as yet. The codicil sites my step brother in law as a trustee which was never my dad's wishes and was said it could be interpreted as such but was not a written intention.

My Dad never said this to me despite being very clear about other things in his will to me. My step brother in law was sited as an executor and nothing else. My dad was in sound mind right up to the end. He was terrified of being place in an old peoples home and did not want others to access to his accounts. He expressed this to me on serveral occasions.

We have written to them both my brother and I over two weeks ago with no response.

Expert:  Clare replied 1 year ago.
I am not sure what you mean when you say that it was "rewritten without consultation with the beneficiaries"There is no basis on which beneficiaries are consulted before a Codicil is written - it is up to the Testator what he does.However if what you mean is that it has been "rewritten" since your father's death then that is a serious issue as it could amount to fraudYou need to write a more formal and less personal letter concentrating on the issues I have highlighted above
Customer: replied 1 year ago.

hi sorry if I was not clear. my Dad wrote a codicil before his death this was re written after his death via instruction of the executors without consultation of the benificaries. this codicil changed things making my step brother in law a trustee which was not in the codicil. I raised this with the executor who told me that they had decided not to consult us. I said I was not happy and was told it was done basically there I would cause delay affecting my step mum

Expert:  Clare replied 1 year ago.
Did the Codicil do anything else?
Customer: replied 1 year ago.

as yet have not seen a copy and only know that Gordon was made a trustee it was agreed by head executive this was a wide interpretation of my dad,s wording in the codicil. I knew he was to be an executive but never a trustee dad was very clear to me right up to his death who his trustees were to be.

Expert:  Clare replied 1 year ago.
The only way that the Codicil can be "re-written" is via a Deed of VariationAny one who is adversely effected by a change has to Consent to itAdding a Trustee would only need to be approved by the other Trustees since it in no way changes the actual bequests which is why there was no consultation
Clare, Solicitor
Category: Law
Satisfied Customers: 33821
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.

Thank you my brother and I realise we need to see a solicitor if all else fails

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