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  1. I was wondering if someone could help me with an issue regarding a will? My grandfather passed away 9 years ago, leaving in his will, his share and interest in his property to his children, but giving a life interest to his widow ( 2nd marriage). The property was in his sole name when he died, yet there is a severance of a joint tenancy ( between grandfather and 2nd wife) that was drawn up several years before he died: the property was never held jointly, and remained in his sole name up to the point of his death. The children, were my mother and her half brother ( adopted): unfortunately the brother died in the same year as my grandfather made his will , but the will then stipulated if either child died, then their children would then take the parents share...still with me? However, when grandfather died, my cousins were not informed of their benefit from the will: and it appears that the executor ( the widow) decided that my uncle was no eligible as he was adopted, and decided to ignore that side of the family! Instead, she with her solicitors , drew up an assent that then put the property into hers and my mothers names only: neither cousin was informed of this. The solicitors have now admitted that this assent was wrong. I do have a solicitor working on this case for me, but I have a couple of questions that I can't seem to get a satisfactory answer to 1) when should my cousins have been informed of their benefit: we have been told they weren't told because of the life interest of the widow. no documentation refers to my uncle at all, and yet my was mother was informed, yet she would not benefit until the widow had passed away also. 2) the widow is about to take us to court to get her right of ownership...but from the evidence it appears that she was never on any mortgage , or ever on the title deeds, all she has is the severance notice. Is this notice actually valid at all? 3) do we have any course of action we could take against her , failing in her duties as the executor, I believe this is legally termed as devastavit Any help or advise would be eagerly taken:smile: sorry if i've put this on the wrong forum, but this is my first post on here Also, one last thing, not sure if it is relevant or not: the property was actually build by my great grandfather and grandfather: we have the original conveyance of the land to my grandfather
  2. I recently discovered I am named as Executor, along with two cousins, in the Will of our, now deceased, Uncle Donald (we are all his nephews, though not siblings - Uncle Don and his wife died childless). There was quite a substantial six-figure estate, including property and money and I am a beneficiary. My two cousins have dealt with the estate as directed in the Will, as far as I can see, though without involving or consulting me for some reason and I have been allowed no dealings with it, although I have had my allotted share. In fact I did not realise I was supposed to be an Executor until recently. I discover though, that no Probate was sought by, or granted to, either of my cousins and the estate seems to have been distributed - all done and dusted - without it. I am very concerned about the legality of all this. From all the reading I've done, it seems Probate is necessary when the estate is over a certain amount - I think £5000, though I've read different sums so I'm still unsure. I'm not close to either of my cousins, having had hardly any contact since childhood, so I don't know how trustworthy they are - sorry, but you hear such tales. I'm worried in case it turns out this has not been carried out to the book, that my inheritance is not legal and I may be liable for something in some way and even have to hand it all back! Uncle Don left me some property which I want to sell but, although it's all now in my name and everything, Land Registry etc, I'm very nervous about this lack of Probate business. Can some kind person please put me out of my misery and explain Probate to me, in words of one syllable if poss. Is it actually a legal requirement? How could it have been done without? Thanks.
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