Viewing someone else’s will
Discussion
If you could see the will, would that tell you whether or not coercion was involved? If the will doesn't say what you want it to what would you plan to do about it?
If the will did leave everything to the step-parent, and the child persuaded the dying parent to change it to add them back in, wouldn't that be coercion?
If the will did leave everything to the step-parent, and the child persuaded the dying parent to change it to add them back in, wouldn't that be coercion?
Doofus said:
If you could see the will, would that tell you whether or not coercion was involved? If the will doesn't say what you want it to what would you plan to do about it?
If the will did leave everything to the step-parent, and the child persuaded the dying parent to change it to add them back in, wouldn't that be coercion?
Very good questions, and I guess I’m not sure what the answer is. It’s not me or my family by the way. If the will did leave everything to the step-parent, and the child persuaded the dying parent to change it to add them back in, wouldn't that be coercion?
The answer is "no".
I have no idea what that previous comment "unless you are willing to act unlawfully" might mean. I think it's wrong. A Will isn't registered anywhere until after the person dies, so you can't pretend they're dead to get hold of the Will or a copy. To get the Will from their solicitor you'd need a death certificate and also you'd need to be named as an executor in the Will.
A Will can be declared invalid after the person's death for reasons which the include the person not being well enough to make a Will (lack of capacity).
This would not be easy to prove.
I have no idea what that previous comment "unless you are willing to act unlawfully" might mean. I think it's wrong. A Will isn't registered anywhere until after the person dies, so you can't pretend they're dead to get hold of the Will or a copy. To get the Will from their solicitor you'd need a death certificate and also you'd need to be named as an executor in the Will.
A Will can be declared invalid after the person's death for reasons which the include the person not being well enough to make a Will (lack of capacity).
This would not be easy to prove.
rockin said:
The answer is "no".
I have no idea what that previous comment "unless you are willing to act unlawfully" might mean. I think it's wrong. A Will isn't registered anywhere until after the person dies, so you can't pretend they're dead to get hold of the Will or a copy. To get the Will from their solicitor you'd need a death certificate and also you'd need to be named as an executor in the Will.
A Will can be declared invalid after the person's death for reasons which the include the person not being well enough to make a Will (lack of capacity).
This would not be easy to prove.
Sorry, I should’ve been clearer; Forging a death certificate, obtaining it by force, burglary, etc. I have no idea what that previous comment "unless you are willing to act unlawfully" might mean. I think it's wrong. A Will isn't registered anywhere until after the person dies, so you can't pretend they're dead to get hold of the Will or a copy. To get the Will from their solicitor you'd need a death certificate and also you'd need to be named as an executor in the Will.
A Will can be declared invalid after the person's death for reasons which the include the person not being well enough to make a Will (lack of capacity).
This would not be easy to prove.
Slightly O/T but can a child under 18 have a will? If not why not ? I had a root and the answer seems to be no.
My kids (albeit one is over 18 now) cannot/ could not own property so it went into trust., fair enough.
But if a child dies any reason why/or would the rules of intestancy apply ? I'm sure there are plenty of kids with wealth in their own right that would like to decide for themselves what happens to it.
My kids (albeit one is over 18 now) cannot/ could not own property so it went into trust., fair enough.
But if a child dies any reason why/or would the rules of intestancy apply ? I'm sure there are plenty of kids with wealth in their own right that would like to decide for themselves what happens to it.
chml said:
Following on from this, what is the situation regarding an executor of a will - do they have to show a statement of account to beneficiaries once they've followed the deceased's wishes?
In my experience it's certainly normal, and expected, that the executors will account for everything that made up the deceased's estate. Whether they are legally required to do so I'm not so sure (but I would have thought they were).Robertj21a said:
chml said:
Following on from this, what is the situation regarding an executor of a will - do they have to show a statement of account to beneficiaries once they've followed the deceased's wishes?
In my experience it's certainly normal, and expected, that the executors will account for everything that made up the deceased's estate. Whether they are legally required to do so I'm not so sure (but I would have thought they were).speedyguy said:
Slightly O/T but can a child under 18 have a will? If not why not ? I had a root and the answer seems to be no.
My kids (albeit one is over 18 now) cannot/ could not own property so it went into trust., fair enough.
But if a child dies any reason why/or would the rules of intestancy apply ? I'm sure there are plenty of kids with wealth in their own right that would like to decide for themselves what happens to it.
If you are on active service you can have a Will under 18.My kids (albeit one is over 18 now) cannot/ could not own property so it went into trust., fair enough.
But if a child dies any reason why/or would the rules of intestancy apply ? I'm sure there are plenty of kids with wealth in their own right that would like to decide for themselves what happens to it.
Robertj21a said:
Surely, you have no way of knowing that it will be their final Will - or that there's another, newer, Will kept elsewhere ?
YupChap I was executor for went through a few iterations in the final weeks and months - no one other than him, the other executor and I knew about the content.
People asked, got told nothing (inc his family).
JapanRed said:
Is it possible to view someone’s will, if they’ve not died?
Eg If a parent is ill, dying of cancer, and a child is concerned that the step-parent may be coercing their parent to leave their estate to him/her whilst omitting children.
I've been in this situation and my dad passed away from cancer 4 months ago, the Will when we saw it after he died was a big surprise, it had been changed a year before he died and basically done in such a way it didn't have to go through probate so we had no idea of what he had. My dad also was in not fit state in the last 8 months to manage his bank accounts so his partner must of known his passwords. His partner was very money motivated, in his last few weeks in the hospice she hardly visited when he died her main priority was the money and his pension. I got a really, really bad vibe from it all but there is nothing I can do now, the will when we read left us very upset as his children / grand children got nothing, it wasn't about money for us but it was about her he viewed us, he had 3 kids and we all now kind of feel second class to his partner and her kids.Eg If a parent is ill, dying of cancer, and a child is concerned that the step-parent may be coercing their parent to leave their estate to him/her whilst omitting children.
Anyway my point is if you know he dying talk to him about his will and what he wants etc, I didn't but wish I had, I feel so sorry now for my dad in that I don't believe his partner had his interests at heart only hers. My dad gone now but the whole will thing made me question how my dad saw me etc
PostHeads123 said:
I've been in this situation and my dad passed away from cancer 4 months ago, the Will when we saw it after he died was a big surprise, it had been changed a year before he died and basically done in such a way it didn't have to go through probate so we had no idea of what he had. My dad also was in not fit state in the last 8 months to manage his bank accounts so his partner must of known his passwords. His partner was very money motivated, in his last few weeks in the hospice she hardly visited when he died her main priority was the money and his pension. I got a really, really bad vibe from it all but there is nothing I can do now, the will when we read left us very upset as his children / grand children got nothing, it wasn't about money for us but it was about her he viewed us, he had 3 kids and we all now kind of feel second class to his partner and her kids.
Anyway my point is if you know he dying talk to him about his will and what he wants etc, I didn't but wish I had, I feel so sorry now for my dad in that I don't believe his partner had his interests at heart only hers. My dad gone now but the whole will thing made me question how my dad saw me etc
Excuse me for asking, but how was it '.......done so that it didn't have to go through probate' ?Anyway my point is if you know he dying talk to him about his will and what he wants etc, I didn't but wish I had, I feel so sorry now for my dad in that I don't believe his partner had his interests at heart only hers. My dad gone now but the whole will thing made me question how my dad saw me etc
Captain Raymond Holt said:
Chap I was executor for went through a few iterations in the final weeks and months - no one other than him, the other executor and I knew about the content.
That seems to be common amongst the "old" people we know, they're forever talking about chopping and changing their Wills, although how many of them actually do it, I don't know.Wife was very close to her GodFather, who didn't have any children of is own and treated her as his daughter. He changed his a couple of times in his last few months and both times his distant family got involved. We had a copy of the Will and I must admit I was pretty gobsmacked when the solicitor read it and it hadn't changed again.
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