Letter Query Sent to Solicitor Suggesting Modifying Will to reflect advancement

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cavanman2015

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My elderly uncle passed away last year, and I am the joint executor (but not a beneficiary) of his will.
His will was drafted many years ago and is not disputed. It has not been rewritten since.
I have come across a signed letter in his personal documents to his solicitor drafted two years ago saying that that he wants an advancement of 50K to a cousin taken into account in the distribution of assets. The cousin is a beneficiary of the will. I am uncertain as to whether the solicitor who holds his original will received this or not.
Does this constitute a codicil on the will ? Is it relevant whether he lodged it or not with his solicitor?
 
Who wrote the said letter? Have you not seen the will yourself to establish the answer to your query? Surely if the deceased wanted it as part of his will he would have made sure the solicitor got the letter. If it wasn't in the will it's not part of his last will and testament.
 
It doesn't sound to me as though it was an addendum to the will, but as though 50K had already been given to the cousin.
As well as asking the solicitor if he received the letter I would ask the cousin if an advance was received.
It is a large sum and must have left a transaction record in bank statements.
 
Off the cuff it does not sound like the expression of wish in the letter constitutes a codicil - the documents must be examined.

The revenue Affidavit might need to reflect the advance !!
 
I think that there is something about large lifetime gifts must be taken into account when distributing an estate. A gift of €50k two years before a person's death would seem to qualify. If the letter describes it as an advancement, then that would suggest that it should be treated as such.

There would have been no need to amend the will.

But this underlines one big issue. You need to take professional legal advice.


It is fine to act as executor, but if there is a complication, you should seek legal advice.

Brendan
 
Don't want to take away from the original post, but wills that are made with solicitors, etc, need a complete overhaul. An awful lot of people who have died over the years and no wills found even though it was known they made one, or maybe a will appearing that seemed strange to say the least. Especially so in regard to bachelors and spinsters. Even today, what procedures are in place with registering a will apart from it being with the solicitor and having a copy?. Who's to say there isn't another one after that or whatever?
 
Thank you all for your very helpful postings. The will and this letter are amongst my uncles documents at his home. Everything is above board the advancement was indeed made. What i'm hearing is that for this to be a codicil he would have to gave gone and met with the solicitor, discussed & agreed it and attached it to the existing will. I need to find out if this happened.
 
noproblem said:
Don't want to take away from the original post, but wills that are made with solicitors, etc, need a complete overhaul. An awful lot of people who have died over the years and no wills found even though it was known they made one, or maybe a will appearing that seemed strange to say the least. Especially so in regard to bachelors and spinsters. Even today, what procedures are in place with registering a will apart from it being with the solicitor and having a copy?. Who's to say there isn't another one after that or whatever?
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Fair point.

The big trick is to ensure that the will in your possession is actually the last one !.

My aunt lived in Texas for most of her life. After her death the executors wound up the estate promptly. It seems that her will was executed and registered "officially" so that was the one admitted to probate with no fuss - sounds like the perfect answer to your point.
 
cavanman2015 said:
Thank you all for your very helpful postings. The will and this letter are amongst my uncles documents at his home. Everything is above board the advancement was indeed made. What i'm hearing is that for this to be a codicil he would have to gave gone and met with the solicitor, discussed & agreed it and attached it to the existing will. I need to find out if this happened.
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For it to be a codicil to the last will it would have to be signed by your uncle in the presence of two witnesses and then signed by the witnesses in your uncles presence. If only signed by your uncle alone it can only be treated as a letter of wishes and not as a testamentary document.
 
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