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Ben Jones
Ben Jones, UK Lawyer
Category: UK Law
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My mother in law passed away in may 2004 and her second

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my mother in law passed away in may 2004 and her second husband passed away in November 2015.The solicitor dealing with the estate mentioned about an isa account my mother in law had and asked if we had received the money which we had not (they had used the same solicitor so the same firm dealt with both my mother in laws will and step fathers wills).As we were not happy and never saw the original will and never received any letters from the solicitor all those years ago to tell us that her two sons stewart and andrew were entitled to there mothers residuary estate which the will clearly stats .Andrew was asked to sign a form some 12 years ago which was never made clear to him what it was.They have forwarded a copy to us and the form says the balance of the isa intrest that was added their fee and balance to mr mchugh as residuary beneficiary (i do not know where this has come from as her last will says it is her two sons who are the residuary beneficiarys). Today the solicitor in question has asked the step family if they are happy to give the money back to marys estate which they most certainly are not as they never made the mistake all those years ago. The amount then was £8344 07 but with inflation would be considerably more now.The solicitor in question has said he would advise we get advice but we are not in a financial position to do that.Ihave told them i feel they have been negligiant in not carrying out the will which was made with them and marys last wishes thank you carol
Submitted: 1 month ago.
Category: UK Law
Expert:  Stuart J replied 1 month ago.

Good morning. Thank you for the question. It is my pleasure to assist you with this today.

Can I summarise the facts please? Remember, I don’t know who these people that you have named are.

There was an ISA owned by your late mother-in-law, in 2004, the balance of the proceeds of which (just over £8000) was sent to stepfamily and it shouldn’t have gone to stepfamily, you should have gone to children.

The solicitors are now asking for it back.

Is that the scenario?

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