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Advice please....


TT350

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Can't you just contact a/the solicitor on your own and just ask what the will agree's to?

If it makes no mention of your aunt then just get the solicitor to do the rest?

 

I don't know who the solicitor is. Honestly I'm so in the dark about it all.

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Can't you just contact a/the solicitor on your own and just ask what the will agree's to?

If it makes no mention of your aunt then just get the solicitor to do the rest?

 

I don't know who the solicitor is. Honestly I'm so in the dark about it all.

Use your own solicitor. Go find one local and let them deal with it.

This, surely any (obviously ones who specialise in that area) can pick this up? What if the previous one had passed away or retired etc.
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Solicitors.

 

I could. But their fees would eat deeply into the windfall and by the time they've got anywhere it'd be time to release it to me and my brother anyway.

 

Wake up and smell the coffee mate.

 

Without a solicitor (as per my previous post) I doubt if you will get any where.

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A simple letter from a solicitor to your aunt may be sufficient to make her aware that you want the money now and persuade her to release it. If the money is gone, then that solicitor will have to sue her for the lost moneys and she'll then have to pay their fee's too.

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Solicitors.

 

I could. But their fees would eat deeply into the windfall and by the time they've got anywhere it'd be time to release it to me and my brother anyway.

But what if it goes past the 5 years she was supposed to be holding it for and you & your brother still don't get the money released to you?

Or get fed something else from your Aunt saying she's invested it or wants to wait longer etc, blah blah blah. :shrug:

 

I'd say without a doubt you need to look at getting a solicitor. I don't think you can afford not to tbh with £50K at stake ultimately.

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So there is a legally binding will in place naming you and brother as beneficiaries to this sum?

 

Indeed.

 

I don't have the backup from my brother to pursue it as he doesn't want to upset my aunt.

 

I said when the pound bounces back, you're essentially paying on my behalf not to not upset her.

 

Well you dont need your brothers permission to get your share released, he can leave his with her should he not want to upset her.

 

If there is nothing legally binding (i.e beyond verbal), i would simply write to your aunt explaining your situation (financial problems) and that you need the money released to you now, with lines like, your mother wouldnt want you to be up sh*t creek without a paddle when the money was meant to help you etc Send it recorded post, keep a copy for reference.

 

If she refuses or ignores you, write another letter letting her know you will be instructing a solicitor (hopefully the one who was had the will) to collect the sum on your behalf and any further correspondence should be through them if she has not released the funds to you by such and such a date and she will also be liable for any costs incurred.

 

If that doesnt work, a brief meeting with a solicitor and a letter sent will not cost the earth, dont forget from that point, she will also be spending money on a solicitor and if she doesnt, she wont really have a leg to stand on and will be pretty much laughed out of court if it does get to that stage.

Edited by Jetpilot
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Sorry to sound daft, but were you not present during the reading of the will if you were a beneficiarie?

 

I was there when it was notorised.

 

After mum died I got "by the way...that money, your mum told me to hold it for 5 years"

 

I dont get this bit by the way, how was the money released to your aunt, who authorised that, even as an executor she would need yours and the solicitors authority.

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Ebized's last post is spot on for me.

 

From what you've said about your aunt and also your mothers relationship with her I suspect she's controlling & manipulative by nature and I have this feeing the money never really existed prior to the reading of the will so now you're being fobbed off as your aunt squandered it or put it into bad investments.

 

You're aunt had no legal right to that money (if it still exists) so go get it and get yourself out of your current situation.

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I don't really understand Fodder.

 

You're saying the money never existed in the first place? It was in property that was sold and put in a bank, that I know.

 

The will was never read. It didn't need to be as I was there when it was written.

 

A few days after her death my aunt said they'd made a verbal agreement for her to retain it for 5 years.

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A few days after her death my aunt said they'd made a verbal agreement for her to retain it for 5 years.

 

Verbal agreements in this instance mean absolutely Zero.

 

Your Mum's wishes are expressed in her will and should be honoured.

 

You have had some good advice in response to your thread, but you appear to be defending your Aunt going by your replies.

 

Bottom Line: IF YOU WANT YOUR CASH, ENGAGE A SOLICITOR NOW.

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A few days after her death my aunt said they'd made a verbal agreement for her to retain it for 5 years.

 

Verbal agreements in this instance mean absolutely Zero.

 

Your Mum's wishes are expressed in her will and should be honoured.

 

You have had some good advice in response to your thread, but you appear to be defending your Aunt going by your replies.

 

Bottom Line: IF YOU WANT YOUR CASH, ENGAGE A SOLICITOR NOW.

 

Defending her? Absolutely not I'm fuming over it but she just dismisses me when I begin conversation.

 

I'll see her Tuesday, try again and go from there.

 

 

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A few days after her death my aunt said they'd made a verbal agreement for her to retain it for 5 years.

 

Verbal agreements in this instance mean absolutely Zero.

 

Your Mum's wishes are expressed in her will and should be honoured.

 

You have had some good advice in response to your thread, but you appear to be defending your Aunt going by your replies.

 

Bottom Line: IF YOU WANT YOUR CASH, ENGAGE A SOLICITOR NOW.

 

 

I'll see her Tuesday, try again and go from there.

 

Take your solicitor with you or someone who is a bit more assertive. :thumbs:

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I don't really understand Fodder.

 

You're saying the money never existed in the first place? It was in property that was sold and put in a bank, that I know.

 

The will was never read. It didn't need to be as I was there when it was written.

 

A few days after her death my aunt said they'd made a verbal agreement for her to retain it for 5 years.

Sorry I agree didn't make much sense, what I meant was the money most definitely existed but your aunt comes across as being manipulative and I wonder if your aunt had 'invested' the money on your mums behalf with her thinking it was still there when she left it to you in good faith.

 

It smells far too much for me to be honest, I hope I'm wrong but every line she's fed you seems to be a way of fending you off for a little longer.

 

Edit: I've got to say my mums elder sister is a very similar personality and I fell out with her years ago because of the way she was trying to take advantage of my mum

Edited by Fodder
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That money is long gone. If it's not, I'll buy you dinner as a way of saying sorry.

 

And you know what? If it is, I'll buy you a dinner anyway. You sound like everything has sh*t on you at once mate, and you could do with a treat. Shoot me a PM and we'll sort something out, genuine offer.

 

 

EDIT To add that I'm not taking the p*ss, nor mocking you in anyway. I've been where you are, where everything in life just throws more and more crap at you, and it's horrible. I'm offering you one night out on me, go get some decent grub and a few beers to treat yourself, god knows you need/deserve it by now. One human being to another, nothing more than that.

Edited by Ekona
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