wills etc

[rdm2006]

does anyone know if this is legal

 

My wife has two sisters who were executers in their parents will. when the parents died, the two sisters recived a copy of the will as executers but the sols (despite being asked) will not send a copy to my wife as she was not an executrix. I beleive this to be incorrect am i right.

 

The other point is that shortly before the parents died the other two sisters convinced them to change the will (my wife was originally to inherit their house as the other two are financially sound). The husband of one of the sisters is a solicitor and he drew up the new will which was witnessed by a person who had no interest in the will.

 

i beleive that this is not just morally incorrect but also incorrect in law

 

 

can anyone help ?

 

 

are these two actions correct in law?

 

i beleive that as the brother in law was an indirect beneficiary he should not have done this and also believe that all the sisters should receive a copy of the will as direct beneficiaries.

 

What can i do to force the firm of solicitors who actually dealt with the dividing of the estate to supply my wife with a copy of that will?

[johnhowell]

My wife has two sisters who were executers in their parents will. when the parents died, the two sisters recived a copy of the will as executers but the sols (despite being asked) will not send a copy to my wife as she was not an executrix. I beleive this to be incorrect am i right.

 

The solicitors holding the will did the correct thing. Only the assigned executors would receive a copy of the will.

 

The other point is that shortly before the parents died the other two sisters convinced them to change the will (my wife was originally to inherit their house as the other two are financially sound). The husband of one of the sisters is a solicitor and he drew up the new will which was witnessed by a person who had no interest in the will.

 

i beleive that this is not just morally incorrect but also incorrect in law

 

can anyone help ?

 

are these two actions correct in law?

 

i beleive that as the brother in law was an indirect beneficiary he should not have done this and also believe that all the sisters should receive a copy of the will as direct beneficiaries.

 

What can i do to force the firm of solicitors who actually dealt with the dividing of the estate to supply my wife with a copy of that will?

 

The changed will can be written by the son-in-law, anybody can write a will. However, signing of the new will must have been witnessed by usually two persons who are not beneficiaries, nor spouses of beneficiaries, nor an executor/exectrix.

 

Sadly, morality has nothing to do with legal documents:cry:

 

I do not think you can force the firm to provide a copy of the will. Once the will is proven with the Probate Office, it becomes a public document. You can purchase a copy from 1st Avenue House, High Holburn, London, once the latest register has been compiled.

 

Also, the executors should do the division of the estate not the solicitors - unless the solicitors were also joint executors with the two sisters, or instructed by the executors to do so.

Your in-laws were free to assign anybody to be their executors and divide the estate as they wish - as long as it was not under duress, or mentally incapable. You could check with the witness/es how the will was drawn up and that they actually witnessed the signing by the donor.

 

A will can be challanged but would require special legal advise and costs.

 

Good luck,

John

[rdm2006]

thank you john i will write to them to obtain a copy

[Aequitas]

If I recall correctly what the probate manager told me some 30 years ago, only the beneficiaries under a will are entitled to be supplied a copy by the executors.

 

If a solicitor draws up a will under which he benefits there is a presumption of undue influence whoever witnesses it. I cannot say for certain, but I should be surprised if the same rule does not apply when a solicitor draws up a will under which his wife benefits.

[johnhowell]

thank you john i will write to them to obtain a copy

 

Please be aware that if the will was proven only recently it may not yet be available. I know that Birth, Death and Marriage certificates are available from one year and one day after the year they were registered. I am not sure the time delay for wills/admons.

 

The Principal Probate Registry started functioning on 12 January 1858. From this date a copy of every will proved is to be found at the Probate Search Room, First Avenue House, 42-49 High Holborn, London WC1V 6NP (tel: 020 7947 7022).

 

Publications - Guidance - Probate - Guide to obtaining copies of probate records

 

Regards,

John

[Aequitas]

I should be surprised if a copy were not available as soon as probate has been granted.

[rdm2006]

thank you both for your help