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ivorylounge
ivorylounge,
Category: Law
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Experience:  Barrister at Self Employed Barrister
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I have recently got a copy of my fathers will 19yrs after

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Hi
I have recently got a copy of my fathers will 19yrs after he died my mother was executor at the time it stated that a percunary legacy of 2000 pounds was to be given to his grandchildren 3 in total I was shocked because no one received anything and I had no idea that he had done this. I feel disillusioned is there anything I can do thanks
ivorylounge
were the grandchildren alive at the time?
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Customer: replied 2 years ago.
Yes the eldest was 15yrs 7yr and 4yrs
Typically, gifts made to a minor are held in trust until the child reaches the age of 18 (though the will can specify an older age). That means that the trustees (your mother) may be looking after the inheritance until then. As it is a relatively small sum of money (with regard to the costs of taking legal action) I would simply speak to your mother and ask her to explain herself. There may have been no asset to transfer and this was the reason for the fact that they didn't get the money. Happy to discuss. Please remember to rate positive.
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Customer: replied 2 years ago.
My father left his estate to her there was over 50000 pounds left after his debt was paid my youngest daughter is 24 now and it stated it was to be paid to them when they reached 18yrs old
Yes but what was left to the mother
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Customer: replied 2 years ago.
She told me that she got 35000 pounds at least
Ok well if that is correct there is an entitlement for the grandchildren. It is up to you really how to progress matters. I would still suggest speaking to her first and trying to find a simple resolution. Otherwise you would need to take matters more formally in writing - but you may wish to balance the consequences of taking such action. Happy to discuss. Please rate positive.
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Customer: replied 2 years ago.
Thanks before we finish could you tell me if my mother's actions were illegal because it has put me off making a will myself because I don't trust the executors to carry out my wishes
It is not illegal per se, but it is a breach of the duties of an executor from what you have written. Please rate positive.
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Customer: replied 2 years ago.
Thank you

my pleasure

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