- September 12, 2023
- Posted by: legaleseblogger
- Category: Related News
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Subject: Seeking Resolution in Unexpected Circumstances – How AI Legalese Decoder Can Assist
Introduction:
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Background:
Previously, your parents had mirror wills, which stipulated that your father would inherit everything in the event of your mother’s passing. However, upon your father’s demise, it was discovered that your mother had allegedly made a verbal agreement with your uncle regarding a financial arrangement upon her death. This revelation caught you off guard, given that your parents openly discussed matters such as wills and power of attorney with you and your siblings. Additionally, it is worth noting that your mother’s sudden passing was unexpected, and she maintained better health than your uncle, who did not maintain regular communication during her hospitalization.
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****** just grabbed a
I don’t believe there’s anything he can do without some form of evidence.
Even if he produced something I don’t see that overriding what it says in the will.
In your position, I would message him and tell him the will makes no mention of what he’s saying and your mother never mentioned it to you.
Keep it in writing, so don’t discuss it at all over the phone. And keep a record of any written contact from him about it.
If he says he will challenge it legally, tell him that he’s free to do so. Because he will no doubt be bluffing – if he does try something I imagine it wouldn’t get very far & just cost him money.
If it really carries on and on, just tell him that if he doesn’t stop you will cease contact and block his number, email address etc.
Just tell him the will was carried out to your parents wishes and you have no knowledge of what he is talking about and youÔÇÖre very sorry but if that was your mothers wishes she would have made that known in her will. All legal aspects have been settled and you donÔÇÖt wish to discuss this any further should he want to seek legal advice thatÔÇÖs up to him. He clearly hasnÔÇÖt got a leg to stand on
Put simply, if it’s not in the will then it’s irrelevant.
Any claim of a “verbal agreement” can be counteracted by another person saying “well, the deceased told me the opposite of what you claim”.
That’s why a written will (with 2 witnesses who cannot be beneficiaries of the will) is what matters. And as you have one of those, it must be followed.
Edit : as the Uncle’s claim is against your late mother’s will (who died over 2.5 years ago) surely her will went through the proper probate etc? Was a solicitor used for this? If so it may be worth reaching out to them.
However as neither your mother’s will or your father’s will mention the uncle, there should be no issues.
I wouldn’t reach out to him as this could encourage him even more. Ignore him unless he really starts to bother you, then maybe consider consulting a solicitor and maybe even sending a cease and desist letter.
If there was no mention of this in your mother’s will, you’re not required to give your uncle any money. Frankly, and given his age, I’m wondering if this is Alzheimer’s.
Not in the will? doesn’t matter.
Your Uncle could be “trying it on” unless he has any form of proof in writing then i wouldn’t even entertain it personally.
As long as you followed both your parents’ wishes as expressed in their wills, your uncle has no leg to stand on. Your mum could quite easily have added a codicil to her will to benefit your uncle, if those were her wishes, but she did not do so.
Moreover, your uncle, who was well aware your mother died some years ago, did not bring this up at the time when you were dealing with her estate, but instead waited until after your father had *also* died. If he genuinely believed he had an enforcible agreement, he would have made it known during the period you were handling your mother’s estate, not several years later.
The commenters saying that if there is no mention in the will of this gift, you don’t have to give him anything, are definitely right but just be wary that there is the possibility that your mother executed what is called a codicil, which is a document that makes an alteration or addition to the the dispositions in a will.
This would have needed to have been made in the same form as the will (intended to be a deed and signed, witnessed and executed as a deed) and could contain a provision that makes a testamentary disposition to your uncle.
However, if your uncle was one of the witnesses to the codicil, any gift to him would be invalid (S15 of the Wills Act. 1837 invalidates any gift in a will that benefits one the will’s witnesses).
I would politely ask him if he has anything on paper at all that mentions this agreement, but if it doesn’t meet the requirements for being a valid codicil, you don’t have to give him anything.
Has her will be fully executed? She died in 2020, surely the executor has settled the estate by now?
If so, there’s no real legal recourse your uncle has. The assets passed to your father, so any challenge to your mother’s estate probably needed to happen there and with your father’s passing those assets have passed into you.
It’s possible his estate has been finalized yet but I don’t think that’s enough.
I don’t think any arbiter is going to look at your uncle’s case and give it serious consideration if he has nothing in writing.
Maybe give him something if you want to preserve the relationship moving forwards but you’re NTA if you tell him to bugger off.
You have your father’s will. This is the legal document that must be followed to ensure that the wishes of the deceased are honoured.
Unless your uncle has some grounds for challenging the will, for which a challenger generally has six months from the granting of probate, he really has no valid claim to anything.
His grounds in this case might have been that he was promised a gift or other property from the person that has died, and this hasnÔÇÖt been reflected in their will. This is called proprietary estoppel, and it is a legal phrase for what most people would call a ÔÇÿbroken promiseÔÇÖ. He would have to prove that that a representation or assurance has been made; that he has relied on it and that he has suffered a detriment as a result of the reliance. This hardly seems likely, given what you have written.
He said/I said is not proof and is, frankly, irrelevant when one party is deceased.
You didn’t say who the executor of the will was, but tell your uncle that the will has been executed in accordance with your father’s wishes.
Given the timings in your op, this is surely a conversation he should have had with your father? Reading between the lines, the only will you have dealt with directly is your dad’s.
Tell him to fuck off, you have the will and it’s pretty clear
What was stopping your uncle from speaking to your dad about this? For two years your uncle didnÔÇÖt say anything? Or maybe he did- and your dad told him to sling his hook.
Like others have said, correspond in writing so thereÔÇÖs a written record, tell him you followed what the will as it was laid out. No mention of this was ever mentioned by your mother OR your father. If he replies that he wants to go down the legal route, tell him thatÔÇÖs fine. ThereÔÇÖs no proof to his story and itÔÇÖs just that – a story.
It sounds like he got the notion in his head there might be some money floating around as you say you recently sold the family home. HeÔÇÖs just a chancer which is extra miserable given that it sounds like heÔÇÖs had a more lucrative career than your mom.
A will is a will, unless he has written evidence or proof that may be legally binding – which I doubt will override a will and cost a fortune to contest then ignore him
If he calls again just explain the will expressed wishes and the matter is closed. Then just ignore him
Sounds to me he is trying it on, money does that to people.
Did the refer to any evidence at all? If, for example, he’s claiming he loaned her some money before she died then the could amount to a debt to the estate, so he would be entitled to it even if the end no provision in the will.
If it was just alleged to be a bequest she had said she would put in the will – that’s simpler. She didn’t and that’s that.
I would want to know how much and why, as well as see any evidence before I wrote him off completely. A couple of reasons – firstly, maybe he did lend her cash given he’s probably better off than she was. And secondly, if he is well off then he can afford to fund legal action to reclaim the money he claims is due to him. Even if that is a complete non starter, legally, if the sum claimed is small then I would give thought to maybe throwing some “fuck off” money at him.
People behave very oddly in situations like this. I once acted for a client whose brother did something very similar – he was much better off than my client, but after their mother died it just exposed all of the fault lines in the family. He was alleging undue influence on behalf of my client, all sorts. My client plainly wasn’t interested in the money at all – as soon as his brother started being a dick, he said he was happy to vary the will to give everything to him. He just wanted an easy life, but the other brother would not let it go, I couldn’t understand it. Eventually I realised he just enjoyed getting my client to spend what little money he had, basically, and knew this would likely be his last chance to force him to do so.
Sadly all too often deaths in families make people show their true colours. HeÔÇÖs a disgrace to their memory. Block contact and let him try his luck with a solicitor, which he wonÔÇÖt. NAL.
I refer you to the advice I was once given by a fantastic corporate lawyer I worked with in a startup.
Because we were always stretched, account managers would sometimes draft contracts or statements of service before passing it to him to review / edit. I wandered in to see him one day and he threw one of these amateur hour numbers at me and asked me what I thought. Not being a lawyer, I couldn’t see much wrong with it; I’ve never forgotten his response to this day:
“Do you know what it means when someone writes ‘for the avoidance of doubt’?”
“Ummm, no?”
“If I’m the lawyer on the other end of this, it means you think I have learning difficulties or don’t speak English. THE WHOLE POINT OF THE LAW IS THE AVOIDANCE OF F*CKING DOUBT! If I provide this service, you give me this amount of f*cking money. If you agree to sell me your house, I will give you this amount of f*cking money. If you murder someone, you’re going to prison for this amount of f*cking time!”
So, to answer your question – the purpose of the law is the avoidance of doubt. I’m sorry for your loss but pleased they wrote down their intentions in a will. End of story (unless they keep at it, in which case it will cost you very little to have your lawyer explain it to them using big words).
Nothing in writing? Nothing to worry about.
You don’t give him anything.
He is attempting to manipulate you.
If it isn’t in the will it doesn’t exist.
NAL but unless he produces an emended will that post dates your parents will naming him an additional beneficiary, you seem in a pretty solid position to me.
But I wouldnÔÇÖt ignore it as this prob will not go away and only escalate. If you are your brother have no intention of entertaining your uncle you need to let him know this (if you think you have but he is still pushing maybe he didnÔÇÖt understand or perhaps you need police advice)
I’m not in the UK, but I would be shocked to find that he has any claim whatsoever based on a verbal agreement he supposedly made with your mother. A verbal agreement needs to be proven to hold up in court, so unless he has a record of this, he’s got no leg to stand on and just wants some money.
If your mother had wanted her brother to receive anything from her death, she would have had her will changed to reflect that.
I doubt you have anything to worry about here.
People lie ALL the time. DidnÔÇÖt happen if itÔÇÖs not written down
Well what a shame for him it wasnÔÇÖt expressed in the will. He can speak to the solicitor who dealt with it all or request a copy from wherever the public record is kept. As far as you are concerned it is all done and dusted. Sorry not sorry.
If there isnÔÇÖt anything in the Will, then realistically your uncle would need to provide evidence that the will was inaccurate and didnÔÇÖt represent her total wishes (I.E. that he be provided for in some way).
As you can imagine, the standard of evidence to make such a claim stick would be high.
A verbal agreement that somehow never made it into the will, never got discussed with your dad when he was around and only saw the light of day when both your parents have been gone for years is not likely to get anywhere near that threshold.
Frankly it sounds like heÔÇÖs trying it on – it doesnÔÇÖt make sense – but personally I wouldnÔÇÖt worry about it. IÔÇÖd just point out to your uncle that your parents made their will clear and itÔÇÖs already been settled. No mention was made of this agreement.
Do this over writing and donÔÇÖt get drawn into any verbal discussions. Make it clear that you arenÔÇÖt going to discuss it further.
If he thinks heÔÇÖs got a case then the onus is on him to put it forward through the relevant legal channels.
Your uncle is a chancing cunt,
nothing in the will, she’s passed away years and and he’s clearly waited until your dad has passed to chance his luck.
I wouldn’t acknowledge him at all, but if must, it should only be to tell him to do one.
Tell him to take a running fuck at a rolling donut.
Your shitty uncle can kick rocks if heÔÇÖs not in the will.
Unless it’s included in the will he can’t claim for anything. However, speak to the solicitors dealing with the Probate for advice. Absolutely do NOT agree to give him any money
Your uncle is full of it. If your mother wanted your uncle to have something – she would have addressed it.
HeÔÇÖs grifting you. Not in the will, not aware of a verbal agreement, no money. Even if heÔÇÖs telling the truth, without proof he canÔÇÖt do anything. Lastly why would your mother promise her older brother money in her will? You would expect a younger female sibling to outlive an older male sibling so why plan for it? Sounds like heÔÇÖs skint and trying his luck.
The will, is quite literally that. The will of the person.
The executor has to follow the instructions they were left with.
If he wasn’t in the will or any codicil then unfortunately for him it was not the will of his sister to leave him anything.
People can say they’ll leave you something but it doesn’t mean that they actually shall do that in practice.
If it’s not in the will or in your father’s. He doesn’t have a leg to stand on.
People say all sorts your mum might have said that but things change over time, whatever the will says is final pretty much unless your mum wasnÔÇÖt mentally fit and the will was changed at that point
It’s like me saying your mum also said she would give me some money as well !!! It sounds like to me that your mum just said to him something to shut him up at the time and that why she never told you because even if she did she did not mean it ….
The great family joke – “don’t worry I’ll remember you in my will”
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just some people take it too seriously
My wifes mum promised us her house and all monies etc in the year before she passed. Never updated her will and even though my wife was sole executor we just had to go by what was in the will. If it isn’t in there then it doesn’t stand. Would still return everything we got from the will though just to have her back.
Unless he’s got proof he can kick rocks, sounds like he’s trying his arm to get a handout for nothing
DonÔÇÖt do anything, itÔÇÖs up to him to contest the will and I doubt he has any chance. HeÔÇÖs trying it on.
There are exceptions where verbal agreements can bring about a claim – if it’s a contract for something, if it’s a deathbed gift – but none of them seem to apply here.
Even if they did, he’d have a lot of trouble evidencing it, and the ship has probably sailed anyway with the estate being passed on to your father and then to you.
I don’t think there’s anything to worry about as far as him bringing a claim is concerned.
As for why he’s done it, just because he’s earned a lot of money doesn’t mean he’s got a lot of money. People with high salaries often have expensive tastes.
This is utter bollocks. Tell him to do one. There’s no such thing as ‘inheritance contracts’. You do occasionally see litigation in the Chancery Division about constructive trusts. These types of cases are almost always about farms and weird younger sons who slave away for decades in the pig pens in tbe expectation they’ll be looked after.