Viewing 22 posts - 41 through 62 (of 62 total)
  • Selling a car I dont own, sort of.
  • johnnymarone
    Free Member

    Many thanks to all who have contributed so far, the input is much appreciated.
    Wheras before I was happy to let her get on with it in her own time, the complete avoidance of giving any kind of definitive answer to the questions I’m asking, skirting issues and lack of transparency means I’m done with the pleasantries now and will be looking to get this matter settled by an independent solicitor.
    I’m glad I’m not the only one for whom alarm bells are ringing. I now want the estate gone over with a fine tooth comb, there are other details in this matter that already mean she is under suspicion.
    The will is dated 2006, but I have seen my mothers last will and testament dated 2010 or 2011 which made certain stipulations which would disadvantage her share of the estate. It involves money given to my sister by my mother to use in a house purchase, (something which was not done for me or my brother afaik ), which my mother wanted paying back to both my brother and I after her death, from my sisters side of the estate.
    Which will has precedence, the 2006 will held by a solicitor which I now have posession of, or the 2011 will and testament ? Both have been signed and dated by my mother.
    The only answer I’ve got back off her is that she doesnt know where the V5 is, so should it be untraceable , I will be contacting DVLA and getting it sorted in my name.

    fossy
    Full Member

    The later will is the current one, provied it can be found ! FIL did an additional will just before he died, one sister got a nearly new Toyota Prius, the other a laptop and ipad, and my wife nothing – dodgy as fark, but now’t you can do.

    squirrelking
    Free Member

    should it be untraceable , I will be contacting DVLA and getting it sorted in my name.

    You don’t need to change keeper, just apply for a duplicate log book, it costs the same regardless.

    https://www.gov.uk/vehicle-log-book

    As said before you are acting as executor to the estate which is the registered keeper therefore no change of ownership, keep the same details.

    thegeneralist
    Full Member

    but I have seen my mothers last will and testament dated 2010 or 2011

    Where is a copy of this will?

    johnnymarone
    Free Member

    The 2010 will is woth my sister, surprise surprise. She took all the paperwork in the aftetmath of my mothers passing.
    Sus as ****, no?

    NYC101009
    Full Member

    Do you have probate yet or begun to start filling out the IHT 400 & IHT 421 forms you have up to a year to complete this ? As others have said a lot of stuff needs to be done before things can be sold also tax to paid if any needs to calculated as well from the sounds of your reply’s you have a house & cash & investments so could put you over the tax free limit

    fossy
    Full Member

    Very suspect. As an executor she has legal responsibility to deal with your mother’s affairs correctly and in the best interest of the estate, hence the solicitor. She can’t go hiding all this information !

    Families can be a nightmare. Simple stuff – I was asked to re-fit a stair handrail at MIL’s – just told it needed screwing in – it didn’t . Got there with what tools I thought I neeed, not enough. Asked if there was a ‘screwdriver’ any where. ‘In the garage in a tool box’ – went in, accompanied by SIL, and before I got to the tint metal tool box – oh my son want’s that toolbox. WTF. I was like – I just need a screwdriver, and I’ve loads of tool boxes and this is useless to me. Ened up having to go home and retrieve a shed load of my tools to do the job.

    FFS, who fights over a tiny tin tool box ?

    As an executor, you and your brother need to see the documents, simple as ! It’s fraud if she is hiding stuff. As said, if she’s struggling to deal with things, then it’s time you two took over for her – just to ease her mind.

    I’m one of four, I want nothing from my folks. I might like my dad’s tool chest (big one) but not the tools as he has loads of truck/bus imperial stuff, and I’m sure a restoration charity would love them.

    thecaptain
    Free Member

    You need competent legal advice asap. Any other comment or suggestion at this point seems superfluous and potentially harmful. Find a lawyer and tell them what you’ve told us.

    NJA
    Full Member

    The later Will is the valid one, the first clause in any will is ‘I revoke all previous Wills and Testamentary Dispositions’ or words to that effect. So the older will is automatically revoked by the making of a later Will.

    She would be acting fraudulently if she were trying to prove an earlier Will in the knowledge that a later Will exists.

    You may need the help of a specialist contentious probate lawyer (above my pay grade) – look here for someone near you https://actaps.com

    onehundredthidiot
    Full Member

    I assume there is a copy of the later will with a solicitor.

    martinhutch
    Full Member

    I assume there is a copy of the later will with a solicitor.

    This. Try to track down the solicitor that was used to draw it up. It could well be the same one as the 2006 will. There’s a good chance they will be holding a copy. Until you have that in your hand, it’s hard to proceed.

    johnners
    Free Member

    Try to track down the solicitor that was used to draw it up.

    If there is one. You don’t need a solicitor to make a will but it will have to have been signed by 2 independent witnesses. Any idea who they might have been?

    squirrelking
    Free Member

    If there is one. You don’t need a solicitor to make a will but it will have to have been signed by 2 independent witnesses. Any idea who they might have been?

    Or if in Scotland, it could just be written on a bit of paper with no witnesses.

    johnnymarone
    Free Member

    Ok, so does a signed paper documenting last wishes , what to do with remains, and updates to her finsncial wishes count as a will of sorts?
    The update involves paying my brother and I a percentage of the value of my sisters house from her share of the estate,reflecting the amount my mother gave her to buy her house.
    This clause is not mentioned in the 2006 will which I have custody of, but is mentioned in the 2011 wishes which my mother signed.
    This is what my sister has, the 2011 document.
    There would be zero chance that any of us siblings would not realise that my mother intended this clause to be as legally binding as her 2006 will, which a splicitor held for her. My mother would tell us repeatedly that, all the advantages and preferrential treatment my sister got from her in life would be reflected and redressed to my brother and I in her will.
    My mother would expect all 3 of us to behave honourably and probably would never have foreseen any of this happening.

    johnnymarone
    Free Member

    @squirrelking,
    Interestingly, my mother was of Scottish extraction, I wonder if this is why she would write the update on paper. Her brother usually took care of all her official business for her, he was some type of professional with experience in this , but this update would have been written after he died.

    thegeneralist
    Full Member

    You need to get your hands on that will. You know what they say, ” where there’s a will, there’s a way. Where there’s no will, cos your scheming sis has burned it there’s no way”

    fossy
    Full Member

    If you find it, run it past a solicitor as I suspect one of the three of you won’t behave honorably even if this was your mother’s wishes.

    Say for example, the estate was worth £100k If your sister had had £20k already, then both of you should have £20k each too, so that would bring the estate down to £60k to divvy up.

    So that’s £20k to each. She’d get £20k, you both £40k. That would be fair, but I suspect she want’s her 1/3rd – £33.3k

    Unless the three of you can agree to that then you will need a solicitor.

    johnners
    Free Member

    Or if in Scotland, it could just be written on a bit of paper with no witnesses.

    Really? I didn’t know it was different.

    Ok, so does a signed paper documenting last wishes , what to do with remains, and updates to her finsncial wishes count as a will of sorts?

    Not unless it’s signed and witnessed just as a valid will would have been. The gov.uk site is pretty good on this stuff – have a look here. I didn’t notice any caveats that it was for England and Wales only

    nickc
    Full Member

    While I’m not going to say don’t get professional advice, It’s easy to get carried away with the idea that you’re about to be defrauded – especially after reading comments on here. Are you sure it’s not just worth actually just sitting down with all of your siblings and just going over this rather than getitng all lawyered up?

    NJA
    Full Member

    To be legally binding as a Will then the document needs to be attested in accordance with S9 Wills act 1837 –

    No will shall be valid unless—
    (a)it is in writing, and signed by the testator, or by some other person in his presence and by his direction; and
    (b)it appears that the testator intended by his signature to give effect to the will; and
    (c)the signature is made or acknowledged by the testator in the presence of two or more witnesses present at the same time; and
    (d)each witness either—
    (i)attests and signs the will; or
    (ii)acknowledges his signature, in the presence of the testator (but not necessarily in the presence of any other witness),

    So it sounds like what you have in the 2011 document is a letter of wishes, which whilst not legally binding would have considerable sway in a Court if things ever got that far.

    johnners
    Free Member

    Are you sure it’s not just worth actually just sitting down with all of your siblings and just going over this rather than getitng all lawyered up?

    Can’t agree more with this. Getting “all lawyered up” will tend to lock people into a position. It’s an emotionally fraught time for you all and it’s always a possibility that you’re wrongly assuming bad faith and working yourself into a misplaced sense of grievance which will absolutely stymie any chance of an easy resolution.

    squirrelking
    Free Member

    @NJA except that Act was never applied to Scotland. I appreciate in this case it does apply but for avoidance of doubt the law is different here.

    In Scotland, a will needs to be signed by the granter at the bottom of every page. The granter’s signature should also be witnessed by one independent adult witness. You should not have someone named in your will acting as a witness.

    Ideally the witness will watch the person sign and then sign themselves. In addition the witness should provide their full name and address, along with the place (town/city) and the date of signing. Although the granter signs at the bottom of every page, the witness should only sign the final page of the will.

    The court may accept a will that has only been signed by the granter on the last page or a will that hasn’t been witnessed properly. However, this would require evidence regarding the granter’s signature being submitted to the court, and it will add time and delay to the process of dealing with the estate. It is therefore important to ensure that the will is signed following the correct procedure.

    Interestingly, my mother was of Scottish extraction, I wonder if this is why she would write the update on paper.

    Could be a reason, to be honest I wasn’t aware of the difference until my mother in law died with no will and we subsequently found out it was so easy to do.

Viewing 22 posts - 41 through 62 (of 62 total)

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