Upset about aunt's will, any advice?

[cibby]

Basically, aunt died, no kids, two houses. One nephew was told for over 20 years he'd get one house in return for managing it- its rental, painting, new windows, re-furb,-etc etc while aunt was abroad.
She paid expenses on jobs- eg paint, windows, but he got nothing for his time, trouble, responsibility, skill in choosing tenants, etc etc..did all in hopes of one day the house would be his, as understood from aunt.
Then she changed her will last year, (fully compos mentis, judged by Dr.) Told only the executor, never told her nephew.
Now executor rings him, orders house to be sold, and nephew is to get a small figure that no way covers his 20 years of managing....Sadly executor is relative (uncle in law)--and executor's own daughter gets the other house, and he (executor) and his wife get bulk of money from sale of this house, which was managed by nephew.
What, if any, recourse has he???????

 

[j26]

There is caselaw that a person who acts on a promise such as that can rely on it under an estoppel and should be entitled to what was given, but it is a developing area of law, so it's very hard to say what would happen. The other side of it is that a person is free to dispose of property as he or she sees fit.

The identity of the executor is unimportant as the executor is under a duty to administer the will exactly as it is written, and has no discretion.

I'd suggest discussing it in detail with a solicitor. The details of exactly what the nephew did will be very important.

However, tbh I'd probably write it off as a bad 'un.

 

[csirl]

Then she changed her will last year, (fully compos mentis, judged by Dr.)

Out of curiousity, any reason why she changed her will? Did she fall out with the nephew?

The important thing here is to verify the exact contents i.e. wording, of the will to make sure that the executor is doing exactly as instructed. If the executor is following the will to the letter, then it may be difficult to prove the nephews entitlement in the absence of any evidence of a "contract" between the Aunt and nephew.

 

[nuac]

complex facts - difficult legal area. See an experienced solicitor.

 

[Welfarite]

....executor rings him, orders house to be sold, and nephew is to get a small figure that no way covers his 20 years of managing....

How come it's down to nephew to do this? If he has power to do it, if it was me, I'd sell it for whatever sum of money he was told he was getting!

 

[cibby]

Thanks for replies-- I too think he can lick his wounds, there is nothing for him and that's that!! (other than miserly sum stated in will.) I do feel sorry for him though.
Interesting thing is, nephew did NOT fall out with aunt. In fact he travelled the long distance at this own expense to visit her and talked with her lots on phone, within the year that she had already changed her will!
I agree that executor has no discretion, and it's a thankless job mostly (though not in this case). But nephew still has key to house (tenants are in it, that were found by him)) and executor wants key from him, to have the place valued......but executor has informed nephew- nicely but firmly, that all communication after the announcement of the will contents will be through the solicitor doing the conveyancing...
Nasty and sad and will cause (has caused) fallings-out between aunts and cousins etc....but he isn't the first and wont be the last to be angered by a will--
SO...Be warned and watch out, anybody who thinks something is coming to them in a will!!!!!!