Will information
Discussion
Evening all. I will try and keep the back story brief here. I have a group of friends and we have known each other for 30 years plus. Sadly, one of the group (Graham) passed away suddenly this Easter. The only family he has is a member of the group, his cousin. Some time ago, Graham mentioned to one of the others that he had left money in his will from the house sale when the time came to us all. None of us were expecting this at all as we all naturally assumed that it would all be left to his cousin. His cousin is being extremely secretive about any information in said will. Is there any way of finding out exactly what is what here? None of this is done from a point of greed but it is simply trying to find out what Graham's wishes were.
It is unlikely that any solicitor or bank would act on a house sale without Grant of Probate.
When Grant of Probate is obtained then anyone is able to download a copy of the Will from the HMCTS website but by the time you find out the cousin could spend all the money.
If the cousin is being sufficiently evasive then you may need to go nuclear. First tell him you will enter a caveat against probate with HMCTS and if that does not bring him to heel then apply for the caveat.
It is even possible that the cousin is not the executor named in the will.
I'm not an expert so hopefully an expert will give better advice in due course.
When Grant of Probate is obtained then anyone is able to download a copy of the Will from the HMCTS website but by the time you find out the cousin could spend all the money.
If the cousin is being sufficiently evasive then you may need to go nuclear. First tell him you will enter a caveat against probate with HMCTS and if that does not bring him to heel then apply for the caveat.
It is even possible that the cousin is not the executor named in the will.
I'm not an expert so hopefully an expert will give better advice in due course.
Actual said:
It is unlikely that any solicitor or bank would act on a house sale without Grant of Probate.
When Grant of Probate is obtained then anyone is able to download a copy of the Will from the HMCTS website but by the time you find out the cousin could spend all the money.
If the cousin is being sufficiently evasive then you may need to go nuclear. First tell him you will enter a caveat against probate with HMCTS and if that does not bring him to heel then apply for the caveat.
It is even possible that the cousin is not the executor named in the will.
I'm not an expert so hopefully an expert will give better advice in due course.
Many thanks for the info. I believe probate has been granted and the house is going up for auction on 19th July. I didn't know that anyone can download a will, so I may well look into that. Thank you again.When Grant of Probate is obtained then anyone is able to download a copy of the Will from the HMCTS website but by the time you find out the cousin could spend all the money.
If the cousin is being sufficiently evasive then you may need to go nuclear. First tell him you will enter a caveat against probate with HMCTS and if that does not bring him to heel then apply for the caveat.
It is even possible that the cousin is not the executor named in the will.
I'm not an expert so hopefully an expert will give better advice in due course.
When someone dies suddenly and without much family there may not have been advance preparations for dealing with the event.
If the deceased wrote a will then where was it located and did the family even find a will?
The deceased could have failed to complete the will or get it witnessed and so it would be invalid.
It is also possible for someone to find and then discard a will although that would be foolish if there were witnesses or it was drawn up by a solicitor.
There could be an unknown will waiting at some firm of solicitors.
If the deceased wrote a will then where was it located and did the family even find a will?
The deceased could have failed to complete the will or get it witnessed and so it would be invalid.
It is also possible for someone to find and then discard a will although that would be foolish if there were witnesses or it was drawn up by a solicitor.
There could be an unknown will waiting at some firm of solicitors.
I'm a big believer that when someone becomes 18 they should get a will and Lasting Power of Attorneys made, and they should be regarded a living documents that you review throughout your life and amend as required. As it is, they are put off until old age as for some reason we don't want to think of our own demise. Crazy.
The Gauge said:
I'm a big believer that when someone becomes 18 they should get a will and Lasting Power of Attorneys made, and they should be regarded a living documents that you review throughout your life and amend as required. As it is, they are put off until old age as for some reason we don't want to think of our own demise. Crazy.
I agree here. I have had a nightmare with my aunt's estate. She was rushed into hospital 14 months ago dazed and confused and has been diagnosed with dementia. She has made a will but that was as far as it went. She is incredibly clever and very driven and it does make me wonder why things weren't tied up properly as the estate is reasonable and quite complex.If your friend died only a few months ago you are being very premature in expecting funds !
The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
alscar said:
If your friend died only a few months ago you are being very premature in expecting funds !
The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
I am not expecting funds at all, I had no idea that my name was mentioned by the deceased in relation to benefitting from his will. I totally understand that these things take time but it is how the cousin is acting that is suspicious. I sincerely hope I am proved wrong.The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
robinh73 said:
I am not expecting funds at all, I had no idea that my name was mentioned by the deceased in relation to benefitting from his will. I totally understand that these things take time but it is how the cousin is acting that is suspicious. I sincerely hope I am proved wrong.
How is the cousin acting - I’m assuming they are the Executor ?robinh73 said:
Yes he is the executor. He is being extremely cagey about anything financial. His wife has also given up work since Graham passed away, a job she has held for 25 years or so.
Executors always need to be aware of their responsibilities and legal obligations. Maybe the wife bit is just coincidental.
Unlike LPA abuse anything more sinister at this stage would not be good for the cousin.
If within your group others are equally suspicious then perhaps one of you needs to speak to the cousin ( carefully and nicely ) just to “ innocently “ ask how things are going with G’s estate windup ?
I still think it’s very early days though.
I’ve done the Executor bit 3 times now and “ advised “ on one other estate but in all but 1 the beneficiaries were all close family and I kept them fully informed from day 1 but was aware that was a tad unusual.
When my Grandmother passed away I had no comms whatsoever ( and it was my Father as Executor!) until the cheque arrived.
Check if probate has been granted:
• Visit the UK Government’s “Find a will” service.
• You can search using Graham’s full name and date of death.
• If probate has been granted, it will show up in the results.
2. Order a copy of the will and probate:
• It currently costs £1.50.
• Once ordered, you’ll get:
• A copy of the will (if one exists).
• A copy of the grant of probate (shows who is legally in charge of carrying out the will).
• You can usually download this within a few days.
3. If no probate has been granted yet:
• You can set up a standing search through the probate service for £3.00.
• This will notify you if probate is granted within the next 6 months.
• You can renew this if needed.
• Visit the UK Government’s “Find a will” service.
• You can search using Graham’s full name and date of death.
• If probate has been granted, it will show up in the results.
2. Order a copy of the will and probate:
• It currently costs £1.50.
• Once ordered, you’ll get:
• A copy of the will (if one exists).
• A copy of the grant of probate (shows who is legally in charge of carrying out the will).
• You can usually download this within a few days.
3. If no probate has been granted yet:
• You can set up a standing search through the probate service for £3.00.
• This will notify you if probate is granted within the next 6 months.
• You can renew this if needed.
alscar said:
If your friend died only a few months ago you are being very premature in expecting funds !
The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
Agree. Timescale is rather unusual here. When did the friend die?The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
Unreal said:
alscar said:
If your friend died only a few months ago you are being very premature in expecting funds !
The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
Agree. Timescale is rather unusual here. When did the friend die?The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
Shnozz said:
Unreal said:
alscar said:
If your friend died only a few months ago you are being very premature in expecting funds !
The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
Agree. Timescale is rather unusual here. When did the friend die?The average time to receive proceeds is around 12-18 months from dod.
If probate has been obtained it implies that there is an active Executor who has actually been pretty quick off the mark.
You cannot put a caveat on the will after probate has been achieved although contesting the will at this point is still possible albeit expensive.
Executors are under no obligation to inform beneficiaries of any monies due.
Playing devils advocate it could just be the Executor wants to sort everything before disbursement.
This might be especially true if the main asset was the house.
The assumption is that there will be need for probate and in England & Wales (different for Scotland) site you can get details from a will for £1.50 on this site
https://www.gov.uk/search-will-probate
https://www.gov.uk/search-will-probate
Edited by ashenfie on Thursday 3rd July 11:48
I suspect that either there is no will and G has taken it upon himself to acquire the property as the only known relative, or he has discovered he wasn't getting as much as he thought from the will due to other beneficiaries, so has conveniently lost it.
Either way he plans on selling up ASAP and hopes no one else notices, hence his recent behaviour and why several things don't seem to add up.
I also reckon the OP is thinking along these lines too, that's why he asked the question.
Either way he plans on selling up ASAP and hopes no one else notices, hence his recent behaviour and why several things don't seem to add up.
I also reckon the OP is thinking along these lines too, that's why he asked the question.
On this subject…..and I can’t find the answer anywhere…..
How does anyone KNOW if there’s a Will? I can’t quite get my head around how this works.
Eg. In the OPs example, assuming the cousin is the last living relative then if there was no will, he’d get everything anyway. So what’s to stop him saying ‘there isn’t one’? If it was given to him then he can just lose the piece of paper can’t he?
From what I’ve read the will doesn’t have to ‘lodged’ anywhere formal to count - ie it can just be written on a bit of paper and witnessed - so what would ever force a will to actually come to light? And who would care (from an authority standpoint) if someone does a dodgy thing?
How does anyone KNOW if there’s a Will? I can’t quite get my head around how this works.
Eg. In the OPs example, assuming the cousin is the last living relative then if there was no will, he’d get everything anyway. So what’s to stop him saying ‘there isn’t one’? If it was given to him then he can just lose the piece of paper can’t he?
From what I’ve read the will doesn’t have to ‘lodged’ anywhere formal to count - ie it can just be written on a bit of paper and witnessed - so what would ever force a will to actually come to light? And who would care (from an authority standpoint) if someone does a dodgy thing?
Gassing Station | Speed, Plod & the Law | Top of Page | What's New | My Stuff