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wills & missing family
My mother made her will in 1993 soon after the death of my father. My aunt (also my mother’s carer) witnessed the signature along with the solicitor.
Over the years my aunt suggested my mother updated her will but did not get round to it. We are now at the stage whereby my mother is very old and very frail therefore too late to change the will. My aunt (and I) are worried about the money being left to my brother. My brother wasn't around much, he walked away when he was 18 (he's now 56). He turned up when he was in trouble or when the police contacted my parents because he was in hospital due to drug overdose.
When my father died my mother sent letters to every address he had for my brother. One of the letters was passed onto him via an ex girfirend. My brother turned up the day before my father's funeral, a lot was discussed including the money he would inherit after my mother's death, my brother wanted the money there and then but my mother refused. He (and I) were told money (and other personal effects ie jewellery) would be passed on after her death. That was the last we saw of him, he did not attend my father's funeral. I think my mother was hoping the knowledge of financial gain would keep him in her life but that did not happened.
My aunt and I are very worried about the money she has left to my brother. This money is kept in a specific bank account in my mother's name. Part of me feels my brother does not deserve the money as my aunt and I have cared for my mother since before my father’s death (I don't live in the same house), part of me also thinks my brother could be dead due to his life style.
Although it is sad families are broken in such ways I doubt I am the only person in this situation. Can anyone tell me what we should do when my mother passes away?
Many thanks
Buzzy
Over the years my aunt suggested my mother updated her will but did not get round to it. We are now at the stage whereby my mother is very old and very frail therefore too late to change the will. My aunt (and I) are worried about the money being left to my brother. My brother wasn't around much, he walked away when he was 18 (he's now 56). He turned up when he was in trouble or when the police contacted my parents because he was in hospital due to drug overdose.
When my father died my mother sent letters to every address he had for my brother. One of the letters was passed onto him via an ex girfirend. My brother turned up the day before my father's funeral, a lot was discussed including the money he would inherit after my mother's death, my brother wanted the money there and then but my mother refused. He (and I) were told money (and other personal effects ie jewellery) would be passed on after her death. That was the last we saw of him, he did not attend my father's funeral. I think my mother was hoping the knowledge of financial gain would keep him in her life but that did not happened.
My aunt and I are very worried about the money she has left to my brother. This money is kept in a specific bank account in my mother's name. Part of me feels my brother does not deserve the money as my aunt and I have cared for my mother since before my father’s death (I don't live in the same house), part of me also thinks my brother could be dead due to his life style.
Although it is sad families are broken in such ways I doubt I am the only person in this situation. Can anyone tell me what we should do when my mother passes away?
Many thanks
Buzzy
Answers
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The will has to be proven and goes through the Probate process and as it has not been changed or added to then it will stand. If your brother is still alive surely he will have been in touch before now on the off chance his legacy is available, i can check deaths up to 2005 online at the moment. I would have expected him to have been in touch in the last 17 years though as he would have needed to know whether he has money .
you can email me at [email protected] with his name and date of birth and I can check if he was still alive up to 2005, I will not pass the info on to anyone but yurself by return email.
Thanks for the replys, I gave a true and honest account of how things are and I know it's my mum's wishes that have to be honoured.
I don't know what happens after my mother dies, what is probate, what if my brother is alive and has chosen not to get in touch. What happens if he can not be found? Suppose he is dead, then what?
Apart from dothawkes offer how do we find out if he is alive and if so where he lives?
I don't know what happens after my mother dies, what is probate, what if my brother is alive and has chosen not to get in touch. What happens if he can not be found? Suppose he is dead, then what?
Apart from dothawkes offer how do we find out if he is alive and if so where he lives?
well there is one way, you write him a letter seal it in an envelope with his name and date of birth on the front and then send it to the National Insranance ofice in newcastle with a covering letter explaining why you need to contact him and telling them extra detailk like his mothers maiden name, and if he is alive he will still have a national insrance number and the office will forward your letter to the address they have for that person sing that national insurance number.
You need legal advice asap since it would be possible for your mother to make a "statutory will" through the Court of Protection. This would resolve any difficulties on her death.
The Court "makes" a will for your mother on the legal fallacy that it was made at her direction during a lucid moment. Please seek legal advice ASAP- preferably from a Society of Trust and Estate Practitioner.
The Court "makes" a will for your mother on the legal fallacy that it was made at her direction during a lucid moment. Please seek legal advice ASAP- preferably from a Society of Trust and Estate Practitioner.
If you don't go with my above suggestion I can answer the following:-
Probate is the legal process which happens when someone dies and the estate needs to be administered. the personal representative (executor or administrator) has to get an official court document ("the Grant") to send to asset holders which will enable the release of assets.
What happens if my brother does not get in touch? You can either take out "missing beneficiary" insurance or seek a Benjamin order from the court - the latter enables the PRs to distribute.
What happens if he is dead: His gift fails. UNLESS he has left issue and there is no contrary intention in the will. If his gift fails it will either be dealt with under the terms of the Will or intestacy provisions - impossible to say without seeing the will.
Probate is the legal process which happens when someone dies and the estate needs to be administered. the personal representative (executor or administrator) has to get an official court document ("the Grant") to send to asset holders which will enable the release of assets.
What happens if my brother does not get in touch? You can either take out "missing beneficiary" insurance or seek a Benjamin order from the court - the latter enables the PRs to distribute.
What happens if he is dead: His gift fails. UNLESS he has left issue and there is no contrary intention in the will. If his gift fails it will either be dealt with under the terms of the Will or intestacy provisions - impossible to say without seeing the will.
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