Will verbal agreement help!!!

[gina1960uk]

Myself and 3 other sisters who don't really see eye to eye all were issued with Wills from my father and mother(they did a joint Will). He sadly died in 1992 then everything went to my mother. My mother died 2003 the bank wouldn't release the money without all our signatures. So we all did this. After the money was released my elder sister the Executor to the Will (who i dont get on with) came up with a plan to open a high interest account and put the money in that account in her name and leave it for a couple of years and she will then split it 4 ways like the Will states. It was a very heartbreaking time so I trusted her and I've never heard from her since!!!.......none of us keep in touch with each other due to family upsets so this makes it all the more difficult for me to know if i have any rights. I always felt we all should have our names on the accounts but I didnt want to appear awkward due to my other sisters agreeing...Is my Will a sheer waste of time?..I would really appreciate legal help on this matter. To add insult to injury she could be living in Australia now that is where she was intending to go after splitting the money.

[Whickerman]

If she is the executor, she has failed in her duty and is liable for all moneys owed.

If you are in the UK, then you can still sue her in Australia as it's in the commonwealth. Seek legal advice asap.

[gina1960uk]

One more thing Whickerman while my mother was still alive my sister put my mothers house on the market to pay private nursing home fees which we were all informed about........my mother was in a private nursing home for only 2 years then passed away, my sister said all the money for the house was used for payments.....i was loosely told that its not legal for the goverment to take all monies and that they have to leave some untouched........ do you have any knowledge on this........many thanks for your reply much apprecitated

[dzug]

She's clearly a scheming ***** and has stolen the money from the rest of you - probably never had any intention of splitting the money.


Take advice as whickerman says.

[gina1960uk]

Thanks to you both for your replies I think I have left it long enough to finally take action.

many thanks

[lizzydrippin]

Best of Luck with this Gina, what your sister has done isn't right legally or morally. You are legally entitled to what the will has stated. Do seek advice asap.

[themas]

If your mother was in a private nursing home and funded privately then Govenrment regulations etc. don't come into it. In any case I think they only allow for a very small amount of pension to be kept - for use on minor essentials.

It should be possible to find out how much the house was sold for (less any mortgage and selling costs) and how much the home fees were. You would then know whether you have been conned out of some of the proceeds of the house as well as the rest of the estate. You certainly need to take action, but suing her could well be difficult and expensive if she is abroad. Of course, you have to find her first.