Will Not Honoured

[suegray1957]

My friend died June 2014 and her son failed to inform me, very distressing. My friend had told me years ago that she had left me 10k in her will and didn't know if she had changed it so I got a copy and it was still on the will. I have spoken to her son by text to see how he's coping as I put his failure to inform me of her death down to the situation. Not once has he mentioned her will so the last time I text him I asked about it, all he said was probate took a long time, this was a lie as I have a copy of the will. Since I mentioned the will he has failed to reply to any text messages. I do not have the finances to go down the legal route as I lost my husband 2 years ago and I am also disabled. I don't know how he can disrespect his mother like this. Any help would be gratefully received, thank you.

[atalanta]

Probate certainly can take a long time. However, if the money existed and had not been spent before the death, the money is yours and if it really has disappeared it looks to me like theft. Theft is a crime, and crime is a police matter. First of all, consult your local Citizens Advice Bureau.

[bednobs]

perhaps there wasn't 10k left to distribute to you - it really depends on how the will is worded

[ToraToraTora]

A will is a public document, you can see it, you can also enquire of the executor as to how it was carried out.

[EDDIE51]

Yes just because you were left 10K does not mean there was 10K in the estate. It could have all been used care home fees for example.

[hc4361]

All beneficiaries should be informed though.

[Peter Pedant]

Sue I am sorry for your loss and it is distressing not to go to the funeral and say good bye to an old friend. [ someone did this to me and it still rankles ]

Altho the four above have said basically - calm down there might have been no money ....

they have missed the point that if you got the will from the probate registry ( well done if so ) .... then probate has been granted.

You should write a letter to the executor - probably the son - and demand the bequest, as a first step

If he says there is no money - I would have thought you can demand estate accounts quite honestly but BarMaid should be along soon...

[suegray1957]

Many thanks to everyone for their help with this problem. Think it's time to bite the bullet and ask him straight out. Many thanks once again

[murraymints]

you need to contact the executor(s) and ask what is going on...

[themas]

If you have the will from the probate office it should have with it a statement of the value of the estate. You should be able to work out from that and the other bequests stated in the will how much - if anything - should have come to you. When you contact the son (I assume he was the executor) make it clear you know this and that failing to pay you is very likely fraud.

It could be that the estate consisted mainly of a property which had to be sold, & if that has not been done yet it could explain why you've had nothing. However the son should have told you if that was the case.

[Barmaid]

What Peter and Themas have said is absolutely right. However, bear in mind that the executor cannot be compelled to distribute within the first year of death.

I'd be inclined to write to the son as suggested, explain you have seen a copy of the Will and ask him when he thinks he will be in a position to pay the money. if it is not paid within a year, from one year onwards the legacy attracts statutory interest.

[hc4361]

You haven't actually said, but is the son the executor of the will?

[suegray1957]

Hi everyone, you have all been great and I sincerely thank you. Yes the son is the executor of the will and there is a property to sell. The hardest thing is that I couldn't say goodbye to my beloved friend, I always called her my second mum. But many thanks for your time and trouble, bless you all.