Viewing a will

[hog-man80]

My father passed away recently, leaving my stepmother living in the bungalow they owned.

 

My father made a will before his death, and I wondered if I have a right to view the will.

 

I have no doubt that my father wished his wife to occupy the residence for as long as she is able.

 

There are family on her side who may have a claim on the residence,

 

so I just wanted to be clear on my fathers wishes.

 

Is this reasonable?

Paul.

[dx100uk]

yes if you are exec or named in it.

 

does your stepmum have a copy ?

[hog-man80]

I am named as an executor, and in the will, as is one of her sons.

 

I am going to ask her about the will,

but I wanted to be clear on where I stood.

 

Someone said that there may be a time limit on my rights regarding the will, and I also wondered if my fathers wishes will stand for the life of my step mother, or could she change anything in the will, during her life time?

Paul.

[dx100uk]

ofcourse she can change things

you should already have a copy being an exec have you not asked for one from the sols??

 

you cant be expected to execute the will if you dont have a copy and know what it says!!

[hog-man80]

I have been to the solicitor who acted for my father, in drawing up his will

 

They say I am not an executor to the will,

contrary to what my father told me when he was alive.

 

They would not discuss the matter further,

now I am not sure how to proceed.

 

My step mother has said that after 30 days the will passed to her and she inherits everything. It is now four months since he died, so is there time limits on these things, or do I contact another solicitor.

 

I also have a sister who has an interest in this case.

Paul.

[AndyOrch]

https://www.gov.uk/search-will-probate

[hog-man80]

I have looked at this site, but my fathers details are not there.

 

A similar name came up but an earlier death date, so his may come up later.

 

Or do they all appear here?

Paul.

[honeybee13]

Hello there.

 

AFAIK every estate that has had probate granted is on the list. It can take months for probate to go through.

 

HB

[theoldrouge]

In view of the circumstances, l would be acting urgently

 

Ask your stepmother for the details of the executors and contact them and request a copy of the will

 

Should they prevaricate or be obstructive I would immediately be suspicious

 

Although you could tackle this yourself,if substantial monies are involved , and in the light of what your father told you,

 

I would certainly instruct an independent solicitor

 

who no doubt as a first step would request a Larke v Nugus statement

 

This would put them under notice that some form of challenge is likely.

 

All of this does nothing for family relationships of course

[hog-man80]

Thank you for your advice, this is an upsetting time, especially after losing dad.

 

I find it odd that the solicitor would not engage me, any further than a stranger.

 

The will was my fathers after all.

 

I am going to speak to my sister, and possibly to my step mother's executor, whom I know.

 

I wouldn't say that we are close as a step family, but I wouldn't want to upset my sisters situation.

 

My step mother has said that we will all be looked after if something happens to her, but this seems vague to me.

 

I know that after 30 days passed, my step mother went back to the solicitors with her brother, who is a will writer, but she will not comment further on this.

Paul.

[Guest]

just a general point;

there can be a difference between just drafting (writing) a standard will on instruction (i could do that for you for free ), and actually being formally advised on and then drafting on what should or should not be in a will in someones particular circumstances.

depends on the circumstances.

[Mr.P]

who no doubt as a first step would request a Larke v Nugus statement

 

Entering a caveat to prevent probate being granted would be the first step in challenging validity of a will. But if the bulk of the estate was in joint ownership, probate may not be needed.

 

 

I find it odd that the solicitor would not engage me, any further than a stranger.

 

Solicitors have a duty to respect the confidentiality of a client even after death. Not discussing the will or any other matters involving your father would be standard practice.

[hog-man80]

The whole estate was in joint ownership. Am I correct in assuming that if the executor will not allow me to view the will, then another solicitor would be able to allow me to do so, through litigation?

Paul.

[BazzaS]

No.

 

If you aren’t an executor, you don’t have a right to view the will until probate.

On what grounds are you intending to litigate?

 

You can apply for a caveat.

You will likely be granted it.

What then happens?

 

You'll need to have grounds to explain why you should be a beneficiary (assuming you aren’t already!).

 

Otherwise, what is the point of applying for the caveat?

[hog-man80]

What is the situation after probate?

 

Does probate happen in every will?

 

Perhaps I am being paranoid,

but I was told by my father that I was an executor,

my step mother said that after 30 days the solicitor called her in with her brother,

who I gather had written a will for her,

she claims that everything has been left to her.

 

I only have her word for that,

the solicitor never contacted me in the 30 days after my dad died,

and now this is my situation.

 

Is it unreasonable that I should want to view the will,

to know that my fathers wishes have been met?

Paul.

[Mr.P]

What is the situation after probate?

 

Does probate happen in every will?

 

Once probate is granted, the will becomes a public document and can be viewed by anyone.

 

Not all wills require probate. For simple estates, ones of low value, or where the bulk of assets are jointly owned.

[hog-man80]

The wills that do not need probate, can they be viewed after a certain time? But do I have the time, or if I feel uneasy about this situation, do I need to act quickly? There seems to be an air of secrecy about this, if everything is above board what harm is there in my wish to see the will?

Paul.

[honeybee13]

Given how you feel, Paul. it seems that face to face legal advice is the way to go. You can find local wills and probate lawyers vis the Law Society website.

 

http://solicitors.lawsociety.org.uk/

 

HB

[hog-man80]

Just a thought but I am sure that I was executor for at least 30 days after dad died, after which my step mother visited the solicitor, with a will that her brother wrote, and seems to have been accepted. Would it be better to write to my dad's solicitor, asking them why they did not contact me in that time? As in reality I didn't do anything connected to being an executor, I mostly went along with my step brothers, as they had gone through this when their father died. Registering the death etc. I did notice when I spoke to my dad's solicitor that they seemed to speak about dad's will in the present tense, as if this makes any difference.

Paul

[Ethel Street]

Just a thought but I am sure that I was executor for at least 30 days after dad died, after which my step mother visited the solicitor, with a will that her brother wrote, and seems to have been accepted. Would it be better to write to my dad's solicitor, asking them why they did not contact me in that time? l

 

The solicitor has already told you that you are not an Executor so why would you expect him to contact you in the 30 days after your dad died? There's no reason why he would contact you so there's no point asking him why he didn't contact you. Executors need to contact the beneficiaries but not until probate had been granted and they are ready to distribute the Estate.