Legal advice please

General Chat
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A close relative of mine was very close to a elderly lady and they supported each other over many years. She told him she had left something unspecified in her will.

She died and at her funeral one of her two sons confirmed that she had left something for my relative and mentioned a sum of £30k. Months went by and eventually my relative asked the son where they were with the will. He was very sheepish and said there was nothing written down and that was that. He will not give sight of the will.

Where does he stand legally?

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I didn’t know that, thank you.

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“If a Grant of Probate isn’t needed, your Will remains private between your Executors and the Beneficiaries named within it.”

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The executor has a responsibility to locate and inform all beneficiaries and distribute the estate accordingly

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We had a similar situation when Donna’s Dad passed, he said there was a particular account set aside for Donna, but the step mum was the executor and it vanished, she was fully aware of the situation, we didn’t get anywhere as it wasn’t written down…

It didn’t end well.

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If there was a house/flat to be sold they will need a Grant of Probate.

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It’s free to search. If Probate has been granted you can order a copy of the Will / Grant.

Your friend might need a Solicitor to write asking for an explanation / details from the Executor in writing.

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9

There was. We just hope there wasn’t an old will that was used. She was a very canny lady so I think everything will have been carefully managed.

At least he has a chance to put his mind at rest one way or the other with the help you all have given.

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You’ve ordered a copy of the Will and grant of Probate? They are slow to supply them at the moment.

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I’ve forwarded the links to him and will call him tomorrow.

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He got a copy of the will. Only the two sons are mentioned.

It’s an old will and there no way of finding out if there was a later one. He’s philosophical about it - “I’m sure she will have them when they meet up later”

Thanks again for the help, put a problem to bed.

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Seems a shame. I guess the legal advice is that if there is anything contentious about your will at all, make sure that you make a solicitor the executor, or lodge it formally, or something

My sister’s boyfriend died about 15 years ago. He made a will giving everything to his kids and to her, but didn’t have it witnessed correctly. After much wrangling the ex-wife got everything, as divorce proceedings hadn’t quite finished.

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Sounds a bit fishy to me. Why did the son mention £30k, where did that figure come from? He was either told by his mother that was what she wanted (not legally enforceable but if his mother asked him you’d expect him to honour it), or there was a later will they have disposed of. The latter would be criminal / risky as if you got caught prison would be likely.

Was the proved Will prepared by a Solicitor?

If he was minded to I’d get a Solicitor to write to the Executors and ask them for an explanation in writing.

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He is going to get legal advice. He is sending me a copy so I can see if it has solicitors input.

He said the date of the will was typed, but the year crossed out and a new date written in in pen, not initialed by the witness.

I need to see it but it sounds dodgy to me.

BTW, my mistake the person who told him he was in the will and the amount was the witness, not the executors.

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I’d get a written statement from the witness.

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I’ve suggested the solicitor is asked to do just that. The witness was the one that shit himself and did a runner.

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What are the two year dates on the Will? What year did the witness act as a witness?

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I need to see it myself to be sure.

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She may have republished an earlier Will.

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