18/11/2011 11:27:53
 sean0271 Posts: 1
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Long story but basically my Uncle died June 2010, he had told me he was leaving me his vehicles upon his death, a Citreon Enterprise Camper van & a Citreon C3 car, & the sum of £1000. I notified his solicitor at the time of his Death who held his will. I was not contacted about being a beneficiary, indeed his ex-wife & adopted Children went to Probate stating there was no will & were granted letters of administration & set about selling his camper van & house etc & kept the car for their own use.
To my astonishment his solicitor rang me in May this year asking "How things were going?" I asked what she was asking me for as the whole estate was now broken up. She told me it can't be as the will had not yeat been read! She very reluctantly supplied me with a copy of the will & said she would write to my Adopted cousin who the letters of administration had been granted to.
The vehicles had a combined value of around £16,000.00. I received a letter yesterday (17 November) saying my cousin has offered £2000 to me to settle the case stating neither the car nor camper van were of much value as there were no wheels on them! My Uncle was a ex-Police Officer who kept all his vehicles immaculate. They themselves were using the C3 car right up to last month when they, i presume, traded it in towards a brand new ford fiesta. The solicitor is urging me to take the settlement as if I don't a long court fight is the only option & she has stated if my Cousin has no money at the end of it, I will get nothing (they are to pay my costs my cousins & Aunt). The only promise is if I accept I would be able to get the money quickly & i have to bear in mind a court may not reward me any more money unless we can prove the car and campervan were in good condition at the time of my Uncle's death.
I thank anyone for their advice.
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18/11/2011 22:03:06
 www.clicklegalservices.co.uk Administrator Posts: 374
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The Court has the power to set aside the grant of administration if a Will is subsequently discovered. It is unclear whether your gifts were actually made in the will though - I assume they were. If you can provide evidence of the value of the vehicles, then I would make an offer to settle taking into account the costs of litigating, and the uncertain nature of the outcome. No mention is made of who the named executors were.
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