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Inheritance left in a Will

  • Breathe.a.sigh.of.relief
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05 Oct 17 #496707 by Breathe.a.sigh.of.relief
Topic started by Breathe.a.sigh.of.relief
Hi

I have a copy of my ex's late grandmothers Will which states that she was entitled to 25% of the deceaseds estate.

How can I find out how and when this was paid to my ex?

I'm self representing and am having to deal with my Ex admittingin her form E to having spent it, to her now changing her mind and saying that its in Trust.

  • spinit
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05 Oct 17 #496709 by spinit
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Ask for the deeds to the trust this will list out who is allowed to receive benefit, who administers that decision and also will show how much was put in there. As well as the deeds ask for last years accounts which will show how much was dispersed and to who.

After you have that information and if it's not given freely you just ask the judge in court to order them to provide this information to you.

After that you add in the assets that are in the trust into the pot. If the trust has been used extensively for example to provide an income or to purchase a property or the like the judge can make an order that the trustees should continue to operate in this way and so the assets can be taken into account in that way as they project forward and base their order on how the trust has behaved in the past. If the trust has not been used then they cannot make an order for them start doing something that hasn't been done before so instead you treat it like a foreign pension that cannot be accessed and offset it's value against any asset in the UK that an order can be made against.

  • maccy2
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05 Oct 17 #496712 by maccy2
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I am not an expert in this at all but wonder whether if you got a copy of the probate record, or just the will? The probate record will show how much the estate is worth which might help.

  • Breathe.a.sigh.of.relief
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05 Oct 17 #496713 by Breathe.a.sigh.of.relief
Reply from Breathe.a.sigh.of.relief
Hi

Thanx for your reply.

What is really bugging me is that the ex admitted receipt of and accounted for the whole £27,000 by submitting an itemised list of expenditures.

But....

As I knew that the money had been received and was spent (partly or mostly), asked for evidence of when this was received and into who's account it was paid.

The ex's solicitor has refused to provide these details and have since decided that the money was never received, never spent and actually went into trust.

Obviously somebody is being untruthful here and I guess that, should they have answered my questions, this would then show that as executor of the Will, the ex's mother actually applied for a bank account and deposited the cash into it whilst knowing that if she was to deposit this into my ex's account she would have to declare this whilst the ex was in receipt of state benefits and subject to a Debt Management Programme.


I only have a few weeks to raise concerns enough for someone in the legal proffession perhaps to want serious answers but I have to know how to hit the solicitor hard enough and for him not to know how to wriggle out of it as he seems to have attempted to.

  • Breathe.a.sigh.of.relief
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05 Oct 17 #496714 by Breathe.a.sigh.of.relief
Reply from Breathe.a.sigh.of.relief
Hiya,

I downloaded a copy of a Grant which should have carried a stamp in the appropriate box but hasn't been done.

This shows two names of those acting as executors I guess.
Also a verification of an amount not exceeding £325,000 and £272,000 net value of the estate.

The bottom of the sheet is entitled PROBATE.

The other is a copy of the Will just indicating how the estate was to be divided up which was 50% to the daughter, 25% to the granddaughter (my ex) and 25% divded equally between the two granddaughters (my kids) but held in Trust until they are 21 years old.

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05 Oct 17 #496715 by Breathe.a.sigh.of.relief
Reply from Breathe.a.sigh.of.relief
Hiya,

I downloaded a copy of a 'GRANT' which should have carried a stamp in the appropriate box but hasn't been done. What the implications are I don't know.

This shows two names of those acting as executors I guess.
Also a verification of an amount not exceeding £325,000 Gross and not more than £272,000 net value of the estate.

The bottom of the sheet is entitled PROBATE.

The other downloaded copy is of the WILL just indicating how the estate was to be divided up which was 50% to the daughter, 25% to the granddaughter (my ex) and 25% divded equally between the two granddaughters (my kids) but held in Trust until they are 21 years old.

No mention of any other money to be held in Trust except my two daughters.

  • LittleMrMike
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05 Oct 17 #496729 by LittleMrMike
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The original grant would bear the seal of the Court. So should an
official office copy. You can photocopy a probate of course but you may find that some people will, rightly, insist on a sealed office copy.

LMM

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