Excluded from Will

blackcoffee

In that case, I would tell your mum that you know there was a will as your Nan showed it to you ! see how she answers.

sloughflint

melancholly wrote: »

that post wasn't at the OP, it was at sloughflint suggesting that the first thing to do is get a solicitor involved! (unless i've mis-read it too!)

Indeed you have.

rustyg wrote: »

3) I suspect, but cannot currently prove, that my mother removed the will and either still has it in her possession, or has since destroyed it. She would have the most to gain from this because she would not want her 50% to be divided between herself, my sister and me.

That puts a different slant on things.In that case why not mention your point 1) to the family and suggest that the family search the house carefully and if that fails, collectively investigate the local solicitors.

Worth mentioning the following for people reading this thread on storage of Wills?

A will, or a codicil (a testamentary document modifying a will), or both together can be lodged with the High Court of Justice for safe keeping. The fee for depositing a will or codicil is £15 - for further details on depositing a will (or codicil) please ask for the leaflet 'I want to deposit my will for safe keeping at the Principal Registry of the Family Division'

http://www.hmcourts-service.gov.uk/cms/1202.htm

rustyg

Is it possible or even likely that I saw a copy of the will rather than the actual document? Wouldn't the original (and therefore official) one be stored elsewhere such as in the safe at a local solicitor's or maybe at a bank? Wouldn't she have chosen an executor to carry out her wishes after her death? Could it be that the executor(s) died before she did? Is it normal to have one, two or several executors? Are they normally family members or "independents" who have nothing to gain from the will?

From what I recall, it consisted of about 8-10 A4 pages of typescript (not produced electronically) in a non-descript brown envelope. It had lots of flowery legal language ("I give and bequeath....") which stuck in my mind because it was the first time I had come across all that specialist jargon.

sloughflint

rustyg wrote: »

Is it possible or even likely that I saw a copy of the will rather than the actual document? Wouldn't the original (and therefore official) will be stored elsewhere such as in the safe at a local solicitor's or maybe at a bank? Wouldn't she have chosen an executor to carry out her wishes after her death? Could it be that the executor(s) died before she did? Is it normal to have one, two or several executors? Are they normally family members or "independents" who have nothing to gain from the will?

From what I recall, it consisted of about 8-10 A4 pages of typescript (not produced electronically) in a non-descript brown envelope. It had lots of flowery legal language ("I give and bequeath....") which stuck in my mind because it was the first time I had come across all that specialist jargon.

I would hope it was a copy and the original is stored at a solicitor's but not necessarily the case.Yes, try her bank too.
Executors could be anyone your Nan trusted ( including beneficiaries) or even a professional.

pinkshoes

When someone dies intestate, then it can often take ages to sort out their estate etc..., so you potentially have time on your hands. Reading the government web site information might help:

http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

Seems like either your mum or uncle will have to apply for a "Grant of Letters of Administration" to deal with the estate, so it might be worth contacting them too, to let them know that you think there WAS a will.

Do you know who your grandmother may have used as a solicitor? Perhaps call round all the local ones to see if they have a copy of her will. That should hopefully not cost anything!

There's also a Probate helpline number on the link, so you could ask them for advice.

silvercar

rustyg wrote: »

Is it possible or even likely that I saw a copy of the will rather than the actual document? Wouldn't the original (and therefore official) one be stored elsewhere such as in the safe at a local solicitor's or maybe at a bank? Wouldn't she have chosen an executor to carry out her wishes after her death? Could it be that the executor(s) died before she did? Is it normal to have one, two or several executors? Are they normally family members or "independents" who have nothing to gain from the will?

From what I recall, it consisted of about 8-10 A4 pages of typescript (not produced electronically) in a non-descript brown envelope. It had lots of flowery legal language ("I give and bequeath....") which stuck in my mind because it was the first time I had come across all that specialist jargon.

The solicitor who wrote the will will (:p ) have the original or a copy.

Normally there are two executors, they can be independent or family.

8-10 pages is a lot, mine is only 3.

Mojisola

rustyg wrote: »

From what I recall, it consisted of about 8-10 A4 pages of typescript (not produced electronically) in a non-descript brown envelope.

That sounds like a lot of pages! There may have been a lot of people mentioned in the will if it was that long.

Nicki

silvercar wrote: »

.
8-10 pages is a lot, mine is only 3.

Mine's about 20 though. Depends on whether you have small kids I guess or want to leave money in trust.

OP - the one you saw could have been either the original or a copy. We have the originals of ours at home in a safe, and copies at the solicitors. But then, should we both go together anyone likely to be looking for the will wouldn't benefit more on intestacy if they ripped the real one up!

bestpud

rustyg wrote: »

3) I suspect, but cannot currently prove, that my mother removed the will and either still has it in her possession, or has since destroyed it. She would have the most to gain from this because she would not want her 50% to be divided between herself, my sister and me.

4) None of us really "need" the money so desperately as we are all reasonably comfortable financially.

5) I would describe our family relationship as "okay" or "average". We are not particularly close-knit but don't have blazing rows either. I obviously don't want to upset the apple-cart by making unfounded accusations.

So, I'm torn between pursuing this matter and letting things rest as they are. Perhaps the will never existed or got cancelled after I saw it. But, if I don't investigate, I'll always have this nagging doubt in my mind about what I saw (or didn't see) all those years ago.

I would think the 'average' parent would be happy to share with their children tbh! And they certainly wouldn't go to the lengths of destroying a will to avoid their child being paid what is theirs!

It's not something I'd do to my child (or my mum if it were her will) and I'm sure my mum wouldn't do that to me either. What makes you think your mum would do that to you?

Personally, I'd have said there aren't too many 'apples in the cart' to upset.

I hope it turns up. Good luck with it.

localhero

bestpud wrote:

I would think the 'average' parent would be happy to share with their children tbh! And they certainly wouldn't go to the lengths of destroying a will to avoid their child being paid what is theirs!

I'm afraid a lot of people would do this. An enormous amount of Wills disappear in dubious circumstances, and I would advise the following when making a Will:

1) appoint people you absolutely trust as your executors, ideally more than one (and not necessarily your children - though in most cases they will be fine),
2) your Will should only be accessible to you and your executors (nobody else), so that it is not lost, stolen, destroyed or tampered with before or after you die,
3) Don't keep your Will at home,
4) tell your executors where the Will is kept.

It is human nature to trust our kids, and so many people are either oblivious or just simply refuse to believe that one or more of their kids could be dishonest.