My mother's will

[andy-hughes]

I have a bad relationship with my two older sisters, based on the fact that they think i neglect our mother, and they have made it clear that I will not be welcome at her funeral. My mother and I have an amicable, if not close relationship, so I know she will share her estate equally between us. Will it be possible for my sisters to simply not let me know about the will, or my share of it, or is there a legal obligation for recipients to be advised of a legacy, even if family members don;t agree with it? I know that left to them, I would get nothing, but I feel that is not their decision - can i be sure of my mother's wishes being carried out, and not de-railed by my family?

[Ethel]

It is a legal obligation of the executor to make sure all beneficiaries receive their inheritance.

Your sisters will not be able to stop your mother's wishes being carried out.

[jedimistress]

I am not a solicitor but I do not believe her wishes for a third share to each of her offspring would stand up to a challenge in court. I believe wills can be challenged on occassion but only in more extreme cases like the person left all their money to a non family member who they had only known for a month, or if they had remarried and died twenty years later had not changed the will they made 20 years ago and inadvertantly left all to the estranged ex wife and other similar scenarios.

[themas]

To some extent what happens will depend on who the executors of the will are. If they are only your two sisters they may try to cut you out in some way, but this would be able to be challenged in Court if necessary.

However, if you are not an executor yourself you would have no right to see the will until probate had been granted (when it becomes publically available from the Probate Office), and you would have to wait until you saw it to know what it actually said. Any Court challenge would have to come after that, & could result in the executors being made personally liable to pay you your inheritance.

[andy-hughes]

Thanks very much for your answers - at least I know I am in with a fighting chance of getting what I am entitled to - regardless of the opinions of my fmily.

[Misky]

When the time comes, if you are still worried, you could be in touch with the local Probate Registry to enter a "Caveat" which means that if your sisters were the Executors and they applied for a Grant of Probate, you would have to be told that they had done this. Then it might be best if you find a Solicitor of your own, to be in touch with them or their Solicitor, to make sure you see the Will. A Solicitor would help make sure that you get whatever you are entitled to under the Will, hopefully without the need of Court Proceedings. If there is no property and not much money, and so no need of a Grant, a Solicitor's letter would also make them realise that they have to do things properly if they're not employing a Sol. themselves. Sorry this is so late, but it might help anyway....