Left money in will but received nothing

[Art]

My granduncle died in 2007 and left a will for which probate was granted in March 2008. He was unmarried. My grandmother, his sister, mentioned a month or so ago that she would like to see a copy of the will as noone had ever shown it to her.

I wrote to the Probate Office and received a copy last week. It outlined the people to whom the money had been left including my father who received his cheque back in 2008. However the will also stated that I was to also receive an amount yet I never received a penny. My father whom I trust 100% was also categorical that he was unaware that a cheque or any notification that I received anything was issued.

The only executor of the will is my father's first cousin and asking him what the story is, is not an option. I'm just wondering what, if anything we can do? The amount of money isn't huge so I'm more curious than anything else.

 

[mf1]

So, you have a copy of the Probate and a copy of the Will.

That will show the nett value of the estate. It is simple enough calculation then to work out value of estate less legacies - allowing for legal fees = residue. The Will will show you who the residue was to go to.

I see that asking the executor is not an option. And, also, that you're more curious than anything else. You can pursue it or drop it. You probably have a fair idea of what is going on anyway. A visit to a solicitor, a few letters and a fee note would probably just confirm that.


mf

 

[Art]

Thanks for that mf1. The executor wasn't the person who received the residue of the estate - it was his sister. Just curious as to whether you think the executor would have got "my money" or would it have gone into the residue and therefore have gone to her?

 

[Woodie]

Just for information. I am aware of cases where someone was left shares and money in a specific account in a will but by the time the will was sorted the shares has been sold and the account closed prior to the deceased death. Net result in this case was tough luck. After an argument a so called goodwill payment was made.
The executor should have informed you of your entitlement and if it was not to be paid why not.

 

[Brendan Burgess]

The only executor of the will is my father's first cousin and asking him what the story is, is not an option. .

Why not?

You had a legal entitlement to a distribution from an estate.
You did not receive it.
You should ask him why.

If you are not on speaking terms with him, ask a solicitor to write to him on your behalf as MF1 so eloquently explained.

 

[Art]

Why not?

You had a legal entitlement to a distribution from an estate.
You did not receive it.
You should ask him why.

If you are not on speaking terms with him, ask a solicitor to write to him on your behalf as MF1 so eloquently explained.

If we weren't speaking it would be a lot easier!! My father is very, very friendly with him and it would cause some discomfort if it was raised at this stage - especially seeing as I went looking for the will. I suppose there is a tiny possibility that it could have just fallen through the cracks and the embarassment all round wouldn't be worth it particularly as the amount involved isn't that significant.

 

[dereko1969]

Use the angle that it was your grandmother wanted to see the will so on her behalf you wrote to the probate office. Do it in a casual way that your granny said you were included in it and that you can't remember getting anything but it could have slipped your mind.

I'd wait until the New Year to ask about it though, if there's the potential for family unrest might be best to talk later than at Christmas.

 

[M K Brazil]

I'd go further then this because there are many potential questions. If you didn't get your specific legacy, then maybe others didn't either? The residue is the last to be paid - how sure are you that it was given to his sister and that the Estate isn't still being sorted. I've seen cases take years. What happens if you end up paying tax down the line because of a legacy you never got?

There are plenty of legitimate reasons as to why you might not have got your legacy so we shouldn't jump to any conclusions - but you do need to chase this up. A simply non-confrontational approach could be taken - e.g. simply ask your relative if there is any sign of the Estate being finalised because your uncle mentioned that he'd left you a little something and you were wondering if he had?

 

[Art]

I'd go further then this because there are many potential questions. If you didn't get your specific legacy, then maybe others didn't either? The residue is the last to be paid - how sure are you that it was given to his sister and that the Estate isn't still being sorted. I've seen cases take years. What happens if you end up paying tax down the line because of a legacy you never got?

There are plenty of legitimate reasons as to why you might not have got your legacy so we shouldn't jump to any conclusions - but you do need to chase this up. A simply non-confrontational approach could be taken - e.g. simply ask your relative if there is any sign of the Estate being finalised because your uncle mentioned that he'd left you a little something and you were wondering if he had?

My father was also left an amount also and he got his cheque over three years ago. I wasn't particularly close to my granduncle and hadn't seen him in years so he wouldn't believe that.

Use the angle that it was your grandmother wanted to see the will so on her behalf you wrote to the probate office. Do it in a casual way that your granny said you were included in it and that you can't remember getting anything but it could have slipped your mind.?[/QUOTE]

If my grandmother found out that I hadn't received money which I was due, there would be World War 3 - she is still raging four years later that my father didn't get a bigger amount. As it is, when I show her the will, I'm going to have to lie and tell her that I got the money and express surprise when she says that she doesen't remember me saying anything about it at the time.

 

[dereko1969]

Going back to your original post there's nothing that can be done if you won't talk to the executor or engage a solicitor to do same for you.

 

[Art]

Going back to your original post there's nothing that can be done if you won't talk to the executor or engage a solicitor to do same for you.

Agreed. I'm just so surprised at the whole informality and the lack of checks and balances in the will process. There must be so many people out there who have been left money that they know nothing about because the executor has, for one reason or another, chosen not to contact them and let them know that they have been a beneficiary.

 

[Padraigb]

There is no provision in law for checking on executors or administrators unless somebody with an interest chooses to take some action. There is one exception: the Probate Office has a procedure for notifying charities of bequests due to them.

I am very disturbed by what you tell us - more than you seem to be. The apparent breach of trust offends my sense of justice very deeply. Not only do you seem to have been cheated; the executor seems also to have betrayed the trust placed in him by your granduncle.

Without contacting the executor, there is no way of telling whether the amount you should have got went to the residuary beneficiary, into the executor's pocket, or somewhere else - or even if a cheque made out in your favour was lost in the post.

 

[Art]

I am very disturbed by what you tell us - more than you seem to be. The apparent breach of trust offends my sense of justice very deeply. Not only do you seem to have been cheated; the executor seems also to have betrayed the trust placed in him by your granduncle.

QUOTE]

Normally I would be furious. However the situation is a bit unique. The executor is a raving alcoholic - worse than anyone I know or have even ever heard of. His sister is a great person who he has mortified time and time again over the years. I don't want to raise the issue as she would be deeply embarassed yet again particularly as his behaviour has impacted directly on me this time.

 

[Padraigb]

You don't have to justify yourself to me.

I appreciate your reasons for letting this go. It sounds as if other people were fortunate that they did not also suffer losses.