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received this letter

received this letter

Postby hertford » Thu May 11, 2017 9:55 pm

Hi,
Received this letter. I don't really understand it. There was nothing else in the envelope.

Thanks Very Much



Sorry for the formal letter but I felt everyone would be happier if I sent a letter rather than word of mouth.

I have had a meeting today with the solicitors who drew up ********** will, to clarify the details.

If you have a wish to have any personal item/s from the property that are not already spoken for please let me know by the 15th May 2017. If the item/s are not already spoken for I see no problem in letting those named in the will having them, as long as they make their own arrangements to collect them. Please e-mail me if you do have a request.

Any property not spoken for will go to charity or be cleared by the house clearance specialist when appointed.
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Re: received this letter

Postby 3.14 » Thu May 11, 2017 10:02 pm

Does it say who it's from?
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Re: received this letter

Postby hertford » Thu May 11, 2017 10:42 pm

Yes, it's from the Executor and Trustee. The only part hand written is after Dear my name. It looks like a generic letter sent to the whole family. What I don't get is " I see no problem in letting those named in the will having them". A'm I named in the will? Also what are personal items. I'm 90 miles away and the funeral has been arranged for 9 am, I'd have start my journey at 5am to get there.
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Re: received this letter

Postby Hairyloon » Thu May 11, 2017 11:51 pm

I imagine you are named in the will and that's why you've been sent the letter, but I would assume from the fact you've been sent a letter that the invitation extends to you, even if you are not named in the will.
I don't expect that this is referring to any items of great value, but of things that you might want as keepsakes or whatever.
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Re: received this letter

Postby hertford » Fri May 12, 2017 12:07 am

The paragraph that starts "if you have a wish....", then goes on to say in the next sentence, "in letting those named in the will having them".
I've asked for clarification as we could not ascertain what was on offer. No where does it say who is named. All I can do is assume, which we all know is something that you should not do.
It's also the deceased daughter handling it all.
If this is a generic letter sent to the whole family (Everyone in the letter!), then there are over 40 people that would have got this letter. Yes an assumption.
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Re: received this letter

Postby hertford » Fri May 12, 2017 12:08 am

Sorry Hairyloon I hadn't seen your post.
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Re: received this letter

Postby hertford » Fri May 12, 2017 12:49 am

Hi,

I've asked these questions as when my father died, the letter I got from his executors, goes.....



Dear mister me,

Re: Estate of the late *****.

As you may be aware, *** are the executors of the above named.

I enclose a copy of the will, from which you will see that you are a beneficiary of the estate. I am required by regulation, to verify your identity and in this regard would be obliged if you would kindly forward your original current Passport or Driving Licence together with a recent utility bill or bank or credit card statement showing your name and current address.

It goes on to say...

We currently await information required to enable us to complete the documentation, leading to the Executors' application for Probate.

Then goes onto say....

We will then prepare detailed estate accounts which will be sent to the residuary beneficiaries.



So I was expecting at the very least that the letter I received was as clear as the letter I received when dad died. Not the same exec. or trustees, by the way.
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Re: received this letter

Postby atticus » Fri May 12, 2017 5:54 am

If you find the content of a letter unclear, it is often a good idea to seek clarification from the writer.
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Re: received this letter

Postby dls » Fri May 12, 2017 6:40 am

The first letter is a common arrangement, but has to be done properly. Being mentioned in teh will is not the qualification. It is a question first of whether the will makes a gift of the house contents (either specifically or generally). If not, then the residuary beneficiaries are entitled, and it is for them, not the executors, to decide whether to do this.

It is a good thing to do if the correct approvals have been obtained.

The second letter looks straightforward. I am not quite convinced that they are required to verify your identity, but it is a common sense thing to do.
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Re: received this letter

Postby hertford » Fri May 12, 2017 1:36 pm

Hello,

I'll take them in order.
Atticus, that is exactly what I have done, asked the writer (who is my sister) to clarify.

The reply was............

Thank you for your email. The email I sent to T* as below does explain that N****, T** and I** are benefactors, which means you will get a portion of the money from the sale of the house once all debts have been paid off, to the percentage stated in the Will. The contents of the house I can dispose of as I see fit, so I am offering you three the chance to have something of mum’s to remember her by, before I dispose of everything. Is that clear enough?


To explain, I am the sole Executor and Trustee of the Will and this has been verified by the Solicitor who drew it up and witnessed it. I can dispose of all property, except those items given in the Will to certain people, as I see fit to. Those people have been notified and those items have been put to one side.

I decided as a goodwill gesture to ask family members, who have been mentioned in the Will as benefactors once all debts have been paid off and the estate has been settled, if there was anything that they particularly wanted before I made any arrangements to clear the contents of the house. Personal items would be, for example: a gift they gave and wanted back as a memorable item or photos.

If anyone has a problem with my offer, they need to let me know and I will withdraw it and dispose of everything as I see fit, and divide the estate up as stated in the Will once all the debts are all paid off and the estate is settled.

I hope that clarifies what you have asked.

end of reply

Yes those to parts where in bold.
"I" is me and "T" & "N" are my daughters
Which left us wondering, are any of us these "certain people", are "Those people" one of us. It's all rather vague. Will I be presented at the funeral with some large object that I must take away with me on the same day.

It's moot point now anyway as her next email goes........

Sadly this is what I thought would happen and was actually advised by the solicitor not to make my offer. I will just dispose of everything to a charity or house clearance.

I will not enter into a war of words with you, so I will make it clear now, that the generic letter I sent out was sent to only those named in the will so the wording of the letter does make clear sense.

The solicitors have said it is not a legal requirement to send out copies of the Will. You will get what you are entitled to as stated in the Will, and that will be the end of it.

That is the end of the discussion.


End of email

dls,

The second letter was just an example of what I was expecting, which left no ambiguity at all. All those years back when he died and I didn't a passport or driving license, so they had no luck there.

Her initial letter would have made sense if a copy of the will was with it, or was worded better in the first place. But without knowing what the will says, we can only assume, and I know "assume" is not the way the legal profession work.

Sorry I'm being a bit thick here, but....

"If not, then the residuary beneficiaries are entitled, and it is for them, not the executors, to decide whether to do this." To do what?

"It is a good thing to do if the correct approvals have been obtained." again what is a good thing to do and what is "correct approvals have been obtained" mean.

So to finish off, We ain't getting a copy of the will, so hopefully she's not hiding anything.

Thank you very much.
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