ChatterBank1 min ago
What is the best way to get a court order to stop 17 people harassing me.
My mother in law passed away nearly a year ago and the estate was willed to my son and daughter who will soon be using the money to buy a house each.
Her will clearly stated they were the beneficiary's and I was the exector and I have distributed the estate in accordance with the terms of the will.
My late husbands blood relatives were not happy with this and almost every time I walk around locally or go into a cafe they are saying in a loud voice I have stolen their inheritance.
I accept I am not a blood relative but clearly my children are.
All I want is if they think they have a case for the money for them to take us to court or to just keep away but no notice of any proposed legal action has been received to date.
As far as I am concerned myself and my children did all the caring for my mother in law and I do not see why these people think they have a legal or moral right to my mother in law's estate.
I know the home address for 9 of these people but I do not know the address of the other 6.
Her will clearly stated they were the beneficiary's and I was the exector and I have distributed the estate in accordance with the terms of the will.
My late husbands blood relatives were not happy with this and almost every time I walk around locally or go into a cafe they are saying in a loud voice I have stolen their inheritance.
I accept I am not a blood relative but clearly my children are.
All I want is if they think they have a case for the money for them to take us to court or to just keep away but no notice of any proposed legal action has been received to date.
As far as I am concerned myself and my children did all the caring for my mother in law and I do not see why these people think they have a legal or moral right to my mother in law's estate.
I know the home address for 9 of these people but I do not know the address of the other 6.
Answers
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every time i see a question like this i am gobsmacked at the scummy, grasping, ignorant nature of some people!
i understand anger when there has clearly been some kind of underhand scam going on, but the fact that they think that merely being related by blood means they are more 'entitled' than others is amazing.
i would suggest you do as daffy suggests but also include a letter explaining that it is not and never has been 'their inheritance' if your MIL wanted them to have anything then she would have made sure they got something - that she didnt says it all and is their answer, and merely being blood related does not mean they have any entitlement - ask them to provide evidence of a law that says otherwise
say also a will is a legal document and even if you agreed with them, you do not have the power to change the will.
mention that the public abuse is in extremely bad taste and seems grasping and uncouth, and that you will be seeking some sort of court order if it continues.
mention the others that you dont know and ask the person to pass this letter on to them if they can.
i certainly don't expect to receive cash from any of my aunts and uncles or cousins, grandfolks etc - i'd frankly be gobsmacked (unless theyd won the lottery) i wouldnt even expect it from my bro and sis! it'd be nice sure, but certainly not expected. i'd expect it only from my mum and dad - and conversely i wont be leaving any of my stuff to them either.
i understand anger when there has clearly been some kind of underhand scam going on, but the fact that they think that merely being related by blood means they are more 'entitled' than others is amazing.
i would suggest you do as daffy suggests but also include a letter explaining that it is not and never has been 'their inheritance' if your MIL wanted them to have anything then she would have made sure they got something - that she didnt says it all and is their answer, and merely being blood related does not mean they have any entitlement - ask them to provide evidence of a law that says otherwise
say also a will is a legal document and even if you agreed with them, you do not have the power to change the will.
mention that the public abuse is in extremely bad taste and seems grasping and uncouth, and that you will be seeking some sort of court order if it continues.
mention the others that you dont know and ask the person to pass this letter on to them if they can.
i certainly don't expect to receive cash from any of my aunts and uncles or cousins, grandfolks etc - i'd frankly be gobsmacked (unless theyd won the lottery) i wouldnt even expect it from my bro and sis! it'd be nice sure, but certainly not expected. i'd expect it only from my mum and dad - and conversely i wont be leaving any of my stuff to them either.
The point here is that if you HAD given these grasping people any of the money from the will, you would have been breaking the law, and you would have been open to an accusation of theft or fraudulent conversion. There is absolutely no legal way for you to have turned any money over to them.
The answer to them if they make such stupid allegations is
"prove it, or I'll get an anti-social behaviour notice against you "
The answer to them if they make such stupid allegations is
"prove it, or I'll get an anti-social behaviour notice against you "
.
There are strict time limits over the challenge to a will, which are usually 6 months from the grant of probate, though the court may allow an out of time challenge. As the executor of the will (it is usual to have at least two, but one executor is satisfactory) you have no choice but to carry out the wishes of the deceased person.
If you wish only to have this behaviour of your late husband’s family cease I suggest you contact a local solicitor and ask him to write a suitable worded letter on your behalf to those people whose address you have explaining your duties, the time limits to challenge a will and your civil remedies.
There would be a cost involved but you may be surprised at how effective this can be and how the information can reach those whose address you do not have.
There are strict time limits over the challenge to a will, which are usually 6 months from the grant of probate, though the court may allow an out of time challenge. As the executor of the will (it is usual to have at least two, but one executor is satisfactory) you have no choice but to carry out the wishes of the deceased person.
If you wish only to have this behaviour of your late husband’s family cease I suggest you contact a local solicitor and ask him to write a suitable worded letter on your behalf to those people whose address you have explaining your duties, the time limits to challenge a will and your civil remedies.
There would be a cost involved but you may be surprised at how effective this can be and how the information can reach those whose address you do not have.
Hi Warja
If you copy this link below it will show you that your children would have got the money from the estate even if there had not been a will.
http://www.martletres...-intestate-succession
Some people do think that if their children pass away before them the son / daughter in law will get the estate if there is no will but this is incorrect.
My wife passed away and my mother and father in law did a will to leave some of their estate to me and some in trust to my 2 daughters as they were teenagers at the time.
Later on when I was retired early, I inherited my mothers half of my parents house, my marital home was sold and I went to live with my father.
In view of the changed circumstances my in laws had another will drawn up leaving all of their estate to my daughters who were old enough to handle the money.
My in laws relatives did not want any money but they did ask my in laws if provision had been made for me and their granddaughters and out of politeness we advised them what had happened at each stage and they thought the right action had been taken for each point in time.
As it happens my one daughter has purchased a house and my other daughter is looking for a house.
The problem came when my father passed away in December. My fathers so called friends at the social club he attended thought they were more worthy of the estate and they were not even relatives
People were coming to the door and phoning me but this stopped after about 2 weeks.
I could have done without this at a time od distress.
Martin
If you copy this link below it will show you that your children would have got the money from the estate even if there had not been a will.
http://www.martletres...-intestate-succession
Some people do think that if their children pass away before them the son / daughter in law will get the estate if there is no will but this is incorrect.
My wife passed away and my mother and father in law did a will to leave some of their estate to me and some in trust to my 2 daughters as they were teenagers at the time.
Later on when I was retired early, I inherited my mothers half of my parents house, my marital home was sold and I went to live with my father.
In view of the changed circumstances my in laws had another will drawn up leaving all of their estate to my daughters who were old enough to handle the money.
My in laws relatives did not want any money but they did ask my in laws if provision had been made for me and their granddaughters and out of politeness we advised them what had happened at each stage and they thought the right action had been taken for each point in time.
As it happens my one daughter has purchased a house and my other daughter is looking for a house.
The problem came when my father passed away in December. My fathers so called friends at the social club he attended thought they were more worthy of the estate and they were not even relatives
People were coming to the door and phoning me but this stopped after about 2 weeks.
I could have done without this at a time od distress.
Martin
Warja
You said ''My late husbands blood relatives were not happy with this and almost every time I walk around locally or go into a cafe they are saying in a loud voice I have stolen their inheritance''.
Can you explain to me how you have stolen their inheritance.
You have not got the money.
I think you could have a case to sue for slander.
Sarah
You said ''My late husbands blood relatives were not happy with this and almost every time I walk around locally or go into a cafe they are saying in a loud voice I have stolen their inheritance''.
Can you explain to me how you have stolen their inheritance.
You have not got the money.
I think you could have a case to sue for slander.
Sarah
Hi tonyofwiltshire
You are right about being able to contest a will up to 6 months after the grant of probate and in some cases later.
In one case I know of the house sold very quickly and the money from the estate was sent over to Indonesia less than 2 months after the grant of probate.
As far as I know nobody contested the will but I do not know if the money could have been legally got back from Indonesia.
Martin
You are right about being able to contest a will up to 6 months after the grant of probate and in some cases later.
In one case I know of the house sold very quickly and the money from the estate was sent over to Indonesia less than 2 months after the grant of probate.
As far as I know nobody contested the will but I do not know if the money could have been legally got back from Indonesia.
Martin
Do not worry Martin I answer to most things.
The case you mention where the proceeds from the estate was sent into another jurisdiction within two months of the grant of probate would certainly cause difficulties.
Sara an action for slander which is “a defamatory statement made by such means as spoken word or gestures” is generally only actionable on proof that it has caused actual material or financial loss.
The case you mention where the proceeds from the estate was sent into another jurisdiction within two months of the grant of probate would certainly cause difficulties.
Sara an action for slander which is “a defamatory statement made by such means as spoken word or gestures” is generally only actionable on proof that it has caused actual material or financial loss.
And slander is VERY expensive to pursue through the courts (as is libel) - and there is no legal aid. If your opeonents have limited assets you are not going to get much even if you win.
Trouble in this case is they don't sound the sort of people who would take any notice of a court order eben if you got one
Trouble in this case is they don't sound the sort of people who would take any notice of a court order eben if you got one
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