deceased Fathers life insurance policies.
ademort
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My Father died in April 2011 and according to my Sister only had life insurance policies totalling four thousand pounds which went to the cost of the funeral. However i,m convinced my Fathers insurance policies were for much more than that. Does anybody know how can i find out what policies he had and to what value. It,s difficult for me as i live in the Netherlands i have no idea who to ask. Things have turned rather strange since my Fathers death. My Sister now meets my Brother for a drink on a regular basis and before my Dad died they would never had sat in the same room together. Also both seem to have new found wealth which has not gone unnoticed by many. On the other hand neither call me anymore and i seem to have been put to one side. I cant help but think that somethings going on. My Dads will indicated that everything be split 3 ways but i dont think it has by a long way.
Ademort
Ademort
ademort
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http://www.wikihow.com/Find-Out-if-Some ... nce-Policy
momentarily from the herd and thinks for himself.
http://www.justice.gov.uk/courts/probate
Not my area of speciality but i work for a Financial Adviser company - and wont for that reason go into much detail. The above is a starting point for you though
Shortly before he died last October, my grandfather told me I was named in his will. I have heard nothing since.
The executors have refused my requests to let me see the will.
Is there some way I can get hold of a copy?
Simon Moon from This is Money replies: It is possible to obtain a copy of a will.
Assuming that probate has been granted, you can visit First Avenue House, 42-49 High Holborn, London WC1 6NP (tel: 020 7947 6939 ) which is the principal probate registry for England and Wales, and make a search in person.
Alternatively, you can visit the probate registry that covers your district. Brighton is one of 11 locations that have a district registry.
There are also 18 sub-registries and you'll find a full list of both with addresses and opening times on the HM Courts Service website.
It is possible also to request a copy of a will by writing to The Postal Searches & Copies Dept, York Probate Sub-Registry, 1st Floor, Castle Chambers, Clifford Street, York, YO1 9RG, giving the full name, address and date of death of the deceased, stating what you require and enclosing the £5 fee. Requests are not accepted by phone
If probate is due to be granted but you are not sure when, you could set up what is known as a standing search.
This is valid for six months and you will automatically receive a copy of the will if probate is granted within that time.
The charge for a standing search is £5. Cheques should be made payable to HMCS.
Read more: http://www.thisismoney.co.uk/money/expe ... z1w6hlMU00
From what I know, it's the Executors role to "pay the debts and liabilities of the deceased, identify and correctly distribute assets to the beneficiaries etc providing there is money in the estate. Failure to fulfil this liability could result in the Executor being held financially liable for any loss resulting from a breach of their duty under the Administration of the Estates Act 1925, even if the mistake is made in good faith".
That's from my solicitor and is handily at my bedside at the moment! I'm having a horrific battle with my brother over my parents estate (although for different reasons to you) and my sympathies are with you. Death really can bring the worst out in people, and it's stress that you don't need when you're trying to come to terms with a bereavement. My advice would be to think not about your siblings, but about what your parent(s) would think. They would no doubt want things to be fair. Good luck!
Whats worse is when i ask my sister about it she just gets aggresive and nasty and says he only left 4 thousand pound and i,m to keep my nose out. I had to sign some insurance forms after my fathers death there were 3 alltogether however she never showed me the forms until the taxi i,d booked to take me to the train station arrived at the door. The forms were put on the table folded over so i could not see what was on them. I could only see where i had to sign and the date. When i asked her to send the forms over to me to read first she got very aggresive and said if i dont sign these forms she will be lumbered with the bill for the funeral director and she could not pay the bill.She was very nervous at the time and after i signed the forms she seemed over the moon. as i say i really think i,ve been had big style.The fact that my sister and brother now seem to be best of friends and have some new found wealth leads me to believe that somethings going on.
Ademort
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But still carry on and find out what actually happened for your own peace of mind and if your suspicions are proved correct MAKE SURE they know that you know, job done. Then you, at least, will feel better.
Is it possible to contact the solicitors who handled the will directly? Who was named as executor(s) of the will? There should be somewhere a basic itemised listing of what accounts were closed, what balances were transferred, who was paid what etc. If the solicitor can't answer these I'd take it higher. It's one thing being diddled out of a few hundred quid but quite another for what you thought were close family members to [apparently] do this, and to refuse to elaborate when asked perfectly reasonable questions about it.
Contact the insurers, explain who you are and ask them how much the policies were for.
As your sister's husband is the executor of the will I believe he has a legal obligation to ensure the will is executed correctly. If the 'estate' was to be split equally 3 ways, then the life insurance policies form part of that estate. If he's been up to no good and gets a material benefit from knowingly allowing the will to be incorrectly executed I'd imagine you'd have grounds for legal redress.
If I were him and had nothing to hide I'd let you see all the paperwork. If he won't, there's a reason. It's not your sister's place to produce this information, it's the executor's.
+1. On first look it seems that fraudulent acts may have been committed = criminal acts. Speak to police, speak to the firm of solicitors who held the will and question closely the executor of the will, letting him know that if HE as executor has not 'executed' the will correctly & fairly, HE will be on his way to hell in a handcart. As previously stated, if it's a few hundred quid, not to worry - but if it's a few hundred thousand quid, thats criminal.
Best of luck, there's nothing worse than a family at war...
Ademort
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Again +1... don't leave it any longer, get the thing moving. If you leave it much longer, the legals will ask why you left it so long. You want this resolved asap...
The executor is the liable one & 'I don't know, ask your sister,she's doing it' is gross failure on his part & ?legal on hers to execute a will she's not appointed to do so.
Not only legal issues for them to consider but frankly it's disrespectful to your father's memory to behave in such a cloak & dagger (at best) manner with you and potentially disregard his final wishes.
This +1. The thing that stops me walking away from my issues and washing my hands of it all is that my mum and dad worked hard for their money, and wanted us both to have it. As long as I do what I do with them in mind, and am aware that I'm not doing anything that they would be disappointed in, my consience is clear. I don't think my brother could say the same thing.
The other thing to bear in mind is that if you do decide to go down the legal route, you don't need a big name solicitor. Get in touch with a local, suburban firm. Probate, convenancing, etc are their bread and butter, and they are extremely good at it. They are also cheaper than big firms, and you can ask if you can be invoiced as you go along to spread the cost, which is what I'm doing. If it does go to court, and you win, then you can also ask for your costs to be recovered by them too.
Oh censored - seems pretty obvious that those forms werent what she told you they were!! You may well just have signed away a fortune as a victim of identity fraud, but you need to get right to the bottom of this and find out what those forms are.
You could contact your brother in law about full details of all the life policies, grant of probate etc. Personally though - i'd get a copy of the Grant of Probate yourself before deciding where to go with this.
http://www.justice.gov.uk/courts/probate/copies-of-grants-wills
You would need to complete a PA1S form which is on here as a pdf file
http://hmctscourtfinder.justice.gov.uk/HMCTS/GetForm.do?court_forms_id=739
If there's an estate there of more than "a few thousand pounds" then its time to take what you have to a solicitor and potentially get the police involved. Thats a decision to be taken with your solicitor though
It isn't a civil matter. This, if true, is a clear attempt to defraud a person out of their rightful inheritance and involves the elements of theft. There are cases of civil dispute which the police will have no interest in, but not in something like this. They will however, expect the complainant to have some evidence to support the allegation rather than just turn up and say I think I've been the victim of fraud. Ask for copies of the will and all correspondence involved in settling your fathers will. That includes all documents signed by yourself and your siblings and the will executor. You want copies of all policies, shares and bank accounts for you or your appointed solicitor to work from. Your solicitor can obtain experian checks on your siblings that should reveal any wealth and sources of income along with any debts. Once you have that information and can identify evidence indicating an offence has been committed, take it to the police Credit and Checque fraud unit. They should be only too happy to try and arrange for your siblings a brief holiday somewhere compact and bijoux. Don't worry about the signature issue; the explanation is quite plausible to show coercement to sign a document you had not had opportunity to read.
As relations are already beyond turning, I'd also tell them what you're doing, but on no account accept any belated pay-off if they come clean. If you do you commit an offence of concealing a crime.
Good luck.
Solicitors are expensive, but there is only one way the siblings are going to cooperate and that is with the threat of legal action hanging over them. If they have committed theft, any assets they have accumulated since the will may well be viewed by the courts as ill gotten gains and be forced to hand them over as proceeds of crime.
I'm not a lawyer but my job brings me into contact with all sides of the legal system. You're right but for the wrong reasons, Trials are fearsomly expensive things to run and barristers don't come cheap. The CPS have to do it all out of the public purse, they are not given a magic blank cheque and are accountable for the money they spend - which has been slashed back hugely recently as with the rest of the public sector (apart from politicians salaries, expenses and pensions naturally) They would, rightly, get utterly slaughtered if they took every case to court regrdless of the chance of success and in effect p***ed millions of pounds of taxpayers money away on cases with slim, little or no chance of success.
sadly this is modern justice It is about using the too scant resources to their least bad (I hesitate to say best) end.
however the story Ademort presents is worthy of investigation and if the Police's initial investigations and file were to prove a fraud of some significant scale then I have little doubt it would go forward.
Ademort, credit and cheque fraud etc generally tend to be classified as Economic Crime nowadays.
Ademort
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Header from a legal organisation - ie Solicitors firm
Money on person?
List of separate Nat West Accounts (with account numbers)
No other Bank / Building Society policies?
Over-payments or debts to utilities: Gas, Electric, Water etc.
No Visa / Access debts?
Also, if your father had a number of life insurance policies, how did they end on the very neat figure of £3,500 exactly? & why not detailed separately with policy numbers and individual amounts?
I get the feeling that this has been typed-up to fit with what you're being told, rather than the whole story.
They could alternately say that 'the rest has been sent to Help the Hero's fund'....
...just my humble opinion. Hope you get to the bottom of it.
As the estate is more than £5,000 they would need to file for Probate - you may get some answers by requesting a copy of your late fathers probate estate (when filed by the executors).