Requesting a copy of Mother in Law's will.
Discussion
Some advice if anyone can assist, please.
My mother in law died last July. My wife is one of five siblings. One of her sisters and an unknown solicitor are executors. Seemingly nothing has been processed with regard to settling her estate since her death. There are various splits between the siblings due to events that occurred before my mother in law died. In short, some of the siblings suspect shenanigans are afoot. Despite repeated requests for a copy of the will to my sister in law, she has neither produced a copy of the will, nor given the details of the solicitor who is the other executor. When approached about other matters relating to the possessions of my mother in law, she has been (seemingly) deliberately nebulous. The various spats between siblings and the distance between them geographically, makes communication between them as a cohesive group impossible.
In short - my wife is extremely distressed now, and wishes to see a copy of the will, which I understand she has a right to see. Is there anywhere we can approach which will confirm where the will is, or is it a matter of 'going legal' to force sister in law to produce the will?
My mother in law died last July. My wife is one of five siblings. One of her sisters and an unknown solicitor are executors. Seemingly nothing has been processed with regard to settling her estate since her death. There are various splits between the siblings due to events that occurred before my mother in law died. In short, some of the siblings suspect shenanigans are afoot. Despite repeated requests for a copy of the will to my sister in law, she has neither produced a copy of the will, nor given the details of the solicitor who is the other executor. When approached about other matters relating to the possessions of my mother in law, she has been (seemingly) deliberately nebulous. The various spats between siblings and the distance between them geographically, makes communication between them as a cohesive group impossible.
In short - my wife is extremely distressed now, and wishes to see a copy of the will, which I understand she has a right to see. Is there anywhere we can approach which will confirm where the will is, or is it a matter of 'going legal' to force sister in law to produce the will?
I take it it's not available here yet? https://www.gov.uk/search-will-probate
TooMany2cvs said:
I take it it's not available here yet? https://www.gov.uk/search-will-probate
That is correct, so no probate applied for or granted yet......Jinba Ittai said:
In short - my wife is extremely distressed now, and wishes to see a copy of the will, which I understand she has a right to see. Is there anywhere we can approach which will confirm where the will is, or is it a matter of 'going legal' to force sister in law to produce the will?
I understand your wife's distress but unfortunately you're incorrect.She has no legal right to see the will. Until probate is granted it is a private document.
After the grant it becomes public and anyone can get a copy.
As for 'going legal', Executors and Administrators have a duty to act mutually and in good faith.
This is the case even when they themselves are Beneficiaries or related to a Beneficiary.
Also they should not be deliberately obstructive and/or delay the estate administration.
If your wife has concerns that all is not above board she should consult a solicitor.
Some will give a free short consultation, so that's the first question.
A shot across the sister-in-law's bows from a legal professional might concentrate her mind.
That said, bear in mind that difficulties can arise in obtaining all the documents/info needed to apply for a grant.*
Especially if the deceased was not methodical about keeping records and/or ensuring people knew where stuff could be easily found.
* Ask me how I know...
You may find this article helpful.
Red Devil said:
That said, bear in mind that difficulties can arise in obtaining all the documents/info needed to apply for a grant.*
Especially if the deceased was not methodical about keeping records and/or ensuring people knew where stuff could be easily found.
* Ask me how I know...
Ah, the fun of things like bank safe deposit boxes.Especially if the deceased was not methodical about keeping records and/or ensuring people knew where stuff could be easily found.
* Ask me how I know...
"No, you can't have access until you have probate."
But how do we get probate without knowing what's in it?
"Don't care. You can't have access without probate."
<sigh>
TooMany2cvs said:
Ah, the fun of things like bank safe deposit boxes.
"No, you can't have access until you have probate."
But how do we get probate without knowing what's in it?
"Don't care. You can't have access without probate."
Having recently gone through this process I get the impression you could write (or omit) anything on the Probate forms and it wouldn't matter. The stuff about relatives is particularly ridiculous."No, you can't have access until you have probate."
But how do we get probate without knowing what's in it?
"Don't care. You can't have access without probate."
ETA - there's a place near me that does them and they access will be allowed with a death cert for probate valuation purposes, but you can't remove anything.
Edited by Sheepshanks on Wednesday 4th April 10:15
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