Lost will question

[The Rotrex Kid]

I’ll try and keep this as simple as possible.

Person A married person B in 1987

Person A had 2 children (C&D) from previous marriage
Person B had 2 children (E&F) from previous marriage

A&B divorced in 1995.

A died in 2008.

There was no Will. C&D were awarded a tiny amount of intheritence. The rest went to A’s new partner (from 1995) E&F had nothing.

Fast forward to today (literally) and a phone call reveals that a will has been found, dated 1987 which names C,D,E & F as equal beneficiaries (estate around £200k value in 2008) it seems that it has been ‘found’ by the bank.

What happens now? What (if any) claim do the 4 original beneficiaries have? If any, what do they do?

[Richard-D]

I think the standard amount of time for contesting probate is just 6 months. Maybe there is a route after that but if feels like it would be problematic as people could easily have spent money which they believed was legally theirs. I'm interested to hear from people who know the answer here too.

I imagine there could be a mechanism for recovering money from the bank or its insurer. Is there any evidence that they were asked for the will at any point?

[alscar]

Once a valid Will has been discovered the beneficiaries under the Will can make a claim against the Administrator of the Estate who obtained the Grant and against any individuals who have benefited from the estate under the Intestacy rules.

This was a paragraph I saw on the Girlings solicitors website - might be an idea to look there.
I simply googled your question as a start point.

I would add that if a Bank “ lost “ the will ( and the estate was therefore settled intestate as such ) then might they also bear some culpability ?

[alscar]

Richard-D said:

I think the standard amount of time for contesting probate is just 6 months. Maybe there is a route after that but if feels like it would be problematic as people could easily have spent money which they believed was legally theirs. I'm interested to hear from people who know the answer here too.

I imagine there could be a mechanism for recovering money from the bank or its insurer. Is there any evidence that they were asked for the will at any point?

I think this is also why the usual advice is for various adverts to be placed in local newspapers and the London Gazette following grant of probate to allow those people that think they may have a claim to come forward to claim a potential share of the assets ?

[C69]

The Rotrex Kid said:

There was no Will. C&D were awarded a tiny amount of intheritence. The rest went to A s new partner (from 1995) E&F had nothing.

A's new partner was his new spouse? If not, then I'm curious about how the new partner ended up with the bulk of the estate given intestacy rules.

My understanding is that without a will and a spouse, the estate should've been split equally between C&D. E&F would've received nothing as step-children, but they would've done so if A had legally adopted them.

[The Rotrex Kid]

C69 said:

The Rotrex Kid said:

There was no Will. C&D were awarded a tiny amount of intheritence. The rest went to A s new partner (from 1995) E&F had nothing.

A's new partner was his new spouse? If not, then I'm curious about how the new partner ended up with the bulk of the estate given intestacy rules.

My understanding is that without a will and a spouse, the estate should've been split equally between C&D. E&F would've received nothing as step-children, but they would've done so if A had legally adopted them.

Short answer, I don’t know.

C&D contested and got what they got, E&F were not adopted and did not expect anything to be left to them TBH so we’re not surprised when nothing came their way.

Ultimately, the main thing for for C&D to be set right as far as all parties are concerned, but if E&F get something, that’s just a bonus.

[outnumbered]

Surely it's only going to be lawyers that make any money here, unless it can be shown that the bank was negligent in some way and they end up having to pay something.

Otherwise it's probably better for everyone to take it as an (expensive) lesson at this point to get their own wills sorted out properly.

[The Rotrex Kid]

outnumbered said:

unless it can be shown that the bank was negligent in some way and they end up having to pay something.
Surely it's only going to be lawyers that make any money here,

I’m yet to find out exactly who was holding the Will. Be it the bank or solicitor etc, I would assume that when the death occurred and they were asked if they had a Will and said No, only to nearly 2 decades later say ‘actually we do, soz’ - there’s a case for negligence?

Anyway, I’ll update as more information comes to light!

[Mr E]

No expert, but I think if the new partner was a beneficiary with no will, they must have been married to benefit via interstace rules.

What happens if a valid will is located years later I have no idea. Sounds expensive.

Edited by Mr E on Wednesday 5th November 19:31

[Simpo Two]

Mr E said:

No expert, but I think if the new partner was a beneficiary with no will, they must have been married to benefit via interstace rules.

What happens if a valid will is located years later I have no idea. Sounds expensive.

And even if a recovery is legally possible, if the beneficiaries have spent the money how is the OP going to recover it?

[Slow.Patrol]

When I made my will, I was told that a marriage would invalidate the will.

If the found will was drawn up before they remarried, then as I understand it, it would be void.

IANAL

https://www.co-oplegalservices.co.uk/media-centre/...

[The Rotrex Kid]

AFAIK, A did not remarry his partner after the divorce. I am 99% sure this is the case.

I am assuming that the property must have been in joint names or something to that effect? Tbh the first time this has even crossed my path has been today!

[Slow.Patrol]

The Rotrex Kid said:

AFAIK, A did not remarry his partner after the divorce. I am 99% sure this is the case.

That is complicates it a bit.

If A died without being married to his new partner and in the absence of a will, then his estate would have gone to his birth children as next of kin.

If the house was in joint names, it would depend on whether it was tenants in common or joint tenants.

https://www.gov.uk/joint-property-ownership

As joint tenants, the property would automatically go to the surviving partner.

[Mr E]

Simpo Two said:

Mr E said:

No expert, but I think if the new partner was a beneficiary with no will, they must have been married to benefit via interstace rules.

What happens if a valid will is located years later I have no idea. Sounds expensive.

And even if a recovery is legally possible, if the beneficiaries have spent the money how is the OP going to recover it?

I think your claim would be against the executor.

If there’s deceased did not marry (or engage in a civil partnership) with the new partner and there was no will, I fail to see how the new partner is a beneficiary.

There’s more to this or someone has ballsed up badly.

[The Rotrex Kid]

I am sorry that this thread is kind of half a story, I literally got a phone call about this this afternoon so it’s going to take a moment or two to get it the bottom of it. I appreciate the input so far, I’ll update more when I can

[Panamax]

Slow.Patrol said:

When I made my will, I was told that a marriage would invalidate the will.
If the found will was drawn up before they remarried, then as I understand it, it would be void.

Correct, unless the will was made "in contemplation of the new marriage".

As Alscar suggests, I believe the standard procedure of advertising for any creditors/claimants sweeps away any possibility of future claims against the executors/administrators.

[The Rotrex Kid]

alscar said:

Richard-D said:

I think the standard amount of time for contesting probate is just 6 months. Maybe there is a route after that but if feels like it would be problematic as people could easily have spent money which they believed was legally theirs. I'm interested to hear from people who know the answer here too.

I imagine there could be a mechanism for recovering money from the bank or its insurer. Is there any evidence that they were asked for the will at any point?

I think this is also why the usual advice is for various adverts to be placed in local newspapers and the London Gazette following grant of probate to allow those people that think they may have a claim to come forward to claim a potential share of the assets ?

I have found that a notice was posted on the London Gazette. I have also found a copy of probate and the confirmation that he was deemed intestate. More digging required!

[Mr E]

Did the new partner act as executor?

[mikeiow]

I’m only here for the intrigue….it's a live episode of PH Heir Hunters, but with a twist!
Not sure if you are a related to these people or what, but we need to know the answers.
TBH, it feels to me like it will be beyond time limits - that’s a long time ago - but the property ownership is an interesting one.

[Slow.Patrol]

It might be worth seeing if you can get a free half hour of legal advice.

It does seem that a solicitor may be needed.