what if my brother didn't send off for the Will

[dibdabable]

Wonder what if anything would happen if someone didn't inform a solicitor holding a Will that his wife had died and it's several years later. All assets went to him in the Will anyway, but Probate would not have been applied for, would there be any problems legally? Thanks

[padja]

many problems you really need to speak to a solicitor,this is a minefield

[honeybee13]

Hello there. I don't know a lot about the rules for probate, but if all her assets in the will went to her legal spouse, then no Inheritance Tax would be due, as you say.

 

I don't think there's a legal requirement to tell the solicitor who has a copy of the will that the testator has died, but I stand to be corrected about that.

 

I don't know what problems not declaring the will to the authorities could cause, but I think anyone can ring the Probate Service and ask a few innocent questions anonymously, or check their website. I would certainly do this before going to see a solicitor and paying fees, unless Padja knows something that you and I don't.

 

Someone who is single should condsider making a will himself, to make sure that the money he might leave goes where he would like it to.

 

I hope you receive some more comments on the forum, but you could research this more on the internet.

 

My best, HB

[dibdabable]

Hi Thanks. Yes I've tried searching the internet which is why I looked at Forums, the problem is the moment you put in Will, you get everything you don't want and nothing that you do.

I agree I don't think I'll be approaching a Solicitor, I'll try the Probate idea first I think, before spending money on a Solicitor.

[honeybee13]

Hello again. I hope the Probate Office can help, would be interested to know what they say.

 

My best, HB

[perplexity]

Who is the executor?

 

I would have thought that the responsibility for the execution of a will rests entriely with whoever is entrusted to do so.

 

As a matter of common sense, a mere beneficiary (albeit a husband) may not so much as know that the will exists, so could not be blamed for that, unless there is something to establish the knowledge of it and the duty to claim.

[raydetinu]

Usually if a will is made it must be witnessed by anybody really, but usually somebody who knows the deceased, so if they died would know of its existence, also it is normal to let who is going to be the executor ( friend, family member, spouse ) know about it!

A will only has to lodged with probate office after the death, however probate, or letters of administration has to be obtained from the probate office before any assets can be legaly dealt with and then distributed or obtained.

[perplexity]

I am wondering why the solicitor entrusted to hold the will would not have been informed or would otherwise be unaware of the death, except that a husband was not immediately aware that the will was made.

 

If an omission is deliberate, on the anticipation that one is better off without the execution of a will, that could be charged as fraud.

[padja]

I know of a case similar to this its has been in hands of solicitors for 18months at a cost of over £50K, because an excutaor did not make solicitor holding the will that the person had died within the statutory time limit, it then had to be contested by the beneficiaries and dragged on and on. It was agreed by everyone tht the will was true and accurate however it was the legal red tape and missing of deadlines that caused all the problems that why I suggested seeing a solicitor ASAP, the longer its left the more it costs and kicks in all sorts of extras, You may have a local law centre that is run alongside CAB thats where I would go first as its free and unbiased. It may be that you are still in the time limit for informing solicitor. The friend of mine could write a book on all the problems that have happened, good luck