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Potential problems with late dads will

Discussion in 'Personal' started by gingerhobo48, May 21, 2019.

  1. gingerhobo48

    gingerhobo48 Star commenter

    Hi, not sure if anyone can advise or really what I'm looking for:(. Just feel really sad.
    My dad died in 2001. At the time there were 6 of us (mum had passed) My dad had had a stroke and died quickly from a heart attack. We were not aware that he had made a will (well, my brother was but we weren't) My sister and I kept asking my brother about a will and he kept denying any knowledge. Obviously the will came out and my brother benefited to the tune of 2 houses:eek:. It's very complicated but he let my dad be cremated knowing full well he wanted to be buried with my mum:mad::mad::mad: (one of the reasons he didn't tell us about will as it was the 3rd point on the will and a big wish of my dads).
    Trying to get past the hate as really there is a lot of hate. Have not had any contact since funeral.Heard he had sold one of houses to tune of 240,000 , none of us saw any of that but I know we didn't have to , his perogative.
    Younger brother phones me up out of the blue Friday night, says 2nd house is now up for sale and is going to auction on the 29th!.
    I don't have a copy of my dads will but I am sure and my sister agrees that my dad always wanted this house to be available to my younger and older brother(who has mental health problems) should they need it to be a place to stay. My sister is currently in S.Africa and isn't back until Friday. She thinks she has a copy of the will as it went to probate when we didn't think he had one (and the barsteward let us do that to:mad:) so from my little knowledge I know it should be registered.
    It is really important that we see the will to see if we can put a stop to the sale(possibly).
    If there is a bit in the will that does say he isn't to sell it , what then? What sort of legal representation should we as 3 siblings get?
    What if he has done something really fraudulant, what could happen to him?
    Thanks.
     
  2. harsh-but-fair

    harsh-but-fair Lead commenter

  3. Lara mfl 05

    Lara mfl 05 Star commenter

    No advice I'm afraid, but what a nightmare. :( :eek: Just couldn't 'read and run'.
     
  4. grumpydogwoman

    grumpydogwoman Star commenter

    If he is incompetent or committing fraud it is possible to have him removed as an executor. But you need to see the will first. See @harsh-but-fair
     
    Lara mfl 05 likes this.
  5. FrankWolley

    FrankWolley Star commenter

    I think the OP needs to get legal advice from a qualified person (e.g. a solicitor) ASAP.
     
  6. Ivartheboneless

    Ivartheboneless Star commenter

    Agreed, solicitor, and it sounds expensively complicated.
     
    emerald52 and Lara mfl 05 like this.
  7. gingerhobo48

    gingerhobo48 Star commenter

    Thank you for the link. It all hinges on my sister looking when she returns on Friday. If she can find a will then fine we will know what we are looking at. Not sure if we might still need professional help? My late father had a family solicitor. Would my sister also have details of them? She can't remember the name off hand as she's not here but I'm worried as it was a small family firm they might not still be around.
     
  8. gingerhobo48

    gingerhobo48 Star commenter

    Agreed but who should I look for?
     
  9. gingerhobo48

    gingerhobo48 Star commenter

    Could I speak to someone either today or tomorrow with this sketchy outline of what I potentially think? We really do believe that he isn't to sell this house unless some kind of time clause was put on it. Why would we both have this memory about the house if we hadn't read it/had it read to us officially?
    When my dad had his stroke he was in his stroke body for almost 2 years before he passed. In all of that time he was not in a fit state to have any conversations with any of us about wills and wishes etc.That is why we were all unaware of a will, his stroke was very sudden.
     
  10. HelenREMfan

    HelenREMfan Star commenter

    This was a while ago but....it might help you. When I was divorcing circa 2002 my ex put a (I think it was called) 'caution' on my properties. It meant I could not sell them etc without his knowledge (and possibly consent) The b*tch of that was that after all finances etc were agreed....and he did very well from me thank you.... the bar steward did not get his solicitor to remove them!!! So years later when I had to sell one of them I hit the problem of this 'caution" that plus the fact he had died ! Cost me £1K+ to get sorted out.
    This caution would at least halt things til you are in a position to fight your corner. You should certainly prevent your brother from doing all this. Am afraid legal advice and representation is prob the only way to go. Might there be some help for your sister because of her mental health? There might be a charity or something which would fight for her (and that would help you regarding this brother.) What a mess families can face when someone acts so dishonourably.... don't let him get away with it !
     
    Lara mfl 05 likes this.
  11. gingerhobo48

    gingerhobo48 Star commenter

    Could my brother be 'done' for not making us aware of the will and carrying out my dads wishes? (just a thought:eek:).
    Has he committed any crime? I remember vividly it was the 3rd point on the will. He wanted to be buried with my mum and had paid to do so, its really sad, that's the part I can't forgive him for:(:mad:.
     
  12. gingerhobo48

    gingerhobo48 Star commenter

    Hi, thank you. It's my eldest brother who I have no contact with and have not seen for many, many, many years (30+) that has the mental health problems and according to my younger brother may be in a home/institution somewhere in London.He did not attend the funeral. My eldest sister has passed so there are 4 siblings + my dishonourable brother.There are currently 3 of us, fit to embark on a legal battle but only 2 of us with the potential finances to pursue it but I'm really scared about the cost. I am even more scared of finding the right people.
     
  13. FrankWolley

    FrankWolley Star commenter


    Personal recommendation would be best, perhaps the law firm/solicitor who acted for you when you last bought a house?

    Otherwise try here:


    http://solicitors.lawsociety.org.uk/
     
    Lara mfl 05 likes this.
  14. gingerhobo48

    gingerhobo48 Star commenter

    This is interesting, if that happens what then?
     
  15. gingerhobo48

    gingerhobo48 Star commenter

    Thank you, I'm really appreciating all of this advice. If I'm honest it has really upset me and it is triggering all kinds of bad memories:(.
    I haven't had any contact with my sister since my sisters funeral in 2014. I only have contact with my baby bro and it is kind of forcing us together which I'm uncomfortable with.
     
  16. mothorchid

    mothorchid Star commenter

    As far as I know, the wishes of the deceased, as expressed in a will, trump almost everything else. But there has been quite a time lapse, so I don't quite know what happens now.
    There are still a few solicitors out there who will give you a first half hour consultation for free, but you do need to ring around to find one. And it won't be a lot of use without a copy of the will. Without that it is a few vague memories, based on something you saw almost two decades earlier. I am a bit confused by the thought that your sister thinks she has a copy of the will because it went to probate because he didn't have one?
    I do think that if (and I think I have got this correct) you are not executors, you have no right to see the will. So I don't believe that the fact he didn't show it to you is a crime.
    I am assuming you've checked and the second house is really up for sale? It all sounds a little "she said, he said" to me, and hard information seeems thin on the ground.
    One small thought, though, it is not always possible to bury a second person in the same grave because of depth. The law changes and the first body may not have been placed deeply enough. Then the usual procedure is to bury ashes in the same grave. Is it possible that this is what has happened?
    It does sound very distressing and difficult. Do you really want to enter a long, expensive, drawn-out legal battle with these people? Is it worth the emotional and financial cost?
    I wish you all the best.
     
    Ivartheboneless and Lara mfl 05 like this.
  17. gingerhobo48

    gingerhobo48 Star commenter

    The house is definitely up for sale I have seen the listing.
    He always knew about a will as he was the executor but led us to believe there wasn't one. He didn't want us to see and act upon my dads wishes for the funeral that's why we had him cremated. My mum died a long time ago and there was room apparently for him to go in with her. He arranged/paid for this a very long time ago we just didn't know.
    My sister did the probate and seems to think she has a copy. Could this not be the case then?
     
  18. gingerhobo48

    gingerhobo48 Star commenter

    @mothorchid I do think that if (and I think I have got this correct) you are not executors, you have no right to see the will. So I don't believe that the fact he didn't show it to you is a crime.
    Now I'm confused, I was looking at this link earlier posted up thread https://www.gov.uk/search-will-probate
    I thought if we couldn't find the will I might be able to visit the London offices to obtain one.
     
  19. sbkrobson

    sbkrobson Star commenter

    If you have an itchy trigger finger you could contact the agents who are auctioning and tell them in sombre terms in writing that you are preparing the papers to formally dispute the right to conveyance the property.
    Not sure of the impact exactly, but there will at very least be some furrowed brows.
     
    nizebaby and Lara mfl 05 like this.
  20. gingerhobo48

    gingerhobo48 Star commenter

    Just googled Can an executor ignore the will? and part of answer was this The executor cannot rearrange or ignore the will or portions of it for personal gain, .In our case allowing my dad to be cremated isn't for personal gain (or is it?) its just nasty and malicious.
    @mothorchid you are correct Does the executor have to show the will? As harsh as it may sound, the executor is not required by law to show a will to someone who may be a family member, but who is not a residuary beneficiary under the will. ... Usually a beneficiary sees the will before probate is granted, but usually there aren't issues with the wording.
    We did get some money from his estate.
     

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