Parent died how can I see if a will had been left?

Thursdays_child_3

There had been no contact between the person needing to know this answer and the parent that died for over 20 years.

This person was an only child and the other parent had already died. When the last remaining parent died she were notified the evening before the funeral and was told that the deceased had not wanted her at the funeral and that they (the person phoning) were named as next to kin, all being that they were an inlaw.

During this past 8 weeks the rented house was cleaned out by the inlaw and it was said that everything had been disspossed of to either a tip or a charity shop when they came to see my friend and that they had been to see a probate solicitor who told them bank books had to be handed over to the living child who is by law the next of kin and not them.

What she wants to know is if she can find out if there had been a will made and how she will go about finding it as she only has the inlaws word that nothing had been found in the house. The amount is approx. £25,000 spread over a couple of accounts.

Sorry bout this being longwinded and I hope it is understandable

monkeyspanner

If your friend suspects that the in-law is acting without the necessary authority she should contact the probate office and seek advice. I believe there is a process by which the probate or grant of administration can be held until the paperwork can be proved.
http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm

In the case of bank books your friend should ask that the appropriate paperwork be produced prior to handing over any bank books. The in-law would only have this authority if they are the executor of the parents will or that they have been appointed administrator by the the probate office. If in doubt your friend should seek legal advice.

Even if your friend was estranged from the parent there would have to be a will to exclude her from the estate. Verbal instructions from the parent would not be binding. In the case of there being no will then there are clear rules of intestature which cover the distribution of the estate.

As there is a relatively small estate your friend should if possible try to avoid a dispute involving solicitors in contesting the will (if any) as the estate will very quickly vanish into the solicitors pockets.

I hope this helps.

Farway

Of course it may be that probate was not applied for, as no house ownership was involved & the amount is relatively small

http://www.hmcourts-service.gov.uk/cms/1216.htm

I did not need probate when sorting out my late mother's affairs, but in that case there was a will & I was executor

I did have to get a sworn affadavit that I was who I said I was for release of funds from building society

Biggles

monkeyspanner wrote: »

If your friend suspects that the in-law is acting without the necessary authority she should contact the probate office and seek advice. I believe there is a process by which the probate or grant of administration can be held until the paperwork can be proved.
http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm

In the case of bank books your friend should ask that the appropriate paperwork be produced prior to handing over any bank books.

The OP is a bit hurriedly worded, but I read it that the inlaws handed over the bank books to the child, as that's what they had been told to do by a probate solicitor, hence she knows much much is in the accounts.

I think the fact that only the inlaws could benefit from the existence of a will, and they seem to be saying that one doesn't exist, means it's likely one doesn't, I bet they would have tried to find one first. But it would be worth asking any nearby firms of solicitors if they are holding one.

EdInvestor

monkeyspanner wrote: »

Even if your friend was estranged from the parent there would have to be a will to exclude her from the estate.

I thought this only applied to dependants?

monkeyspanner

EdInvestor wrote: »

I thought this only applied to dependants?

In the case of small value estates if there is no will the intestate rules I believe go spouse (in this case deceased) then children. So there would have to be a will to disinherit the child.

monkeyspanner

Biggles wrote: »

The OP is a bit hurriedly worded, but I read it that the inlaws handed over the bank books to the child, as that's what they had been told to do by a probate solicitor, hence she knows much much is in the accounts.

I think the fact that only the inlaws could benefit from the existence of a will, and they seem to be saying that one doesn't exist, means it's likely one doesn't, I bet they would have tried to find one first. But it would be worth asking any nearby firms of solicitors if they are holding one.

Having reread the OP I think you are right.

Thursdays_child_3

Thank you for your replies.

Biggles you have it spot on, the inlaws cleared the house out as they thought because they had been named as next to kin of the deceased in the hospital it was legal and they were.

However, when they went with a death certificate to the Building Societies they were told they had to see a Probate Solicitor who would explain the situation to them. They told the solicitor about a living daughter of the deceased who had no contact with her father for over 20 years but he said that made no differance she was the one who had to have the bank books.

The inlaws said no will was found in the house and as you say if there had been a will they would of found it.

My friend wants to make sure that no will was ever made regardless of who would benefit, so I gather the only way she can do that is to visit every solicitor in the area and ask if her father made a will with them.

We thought that perhaps there might of been some kind of registery.

fullstop

Also worth asking at the bank branches that held the deceased persons accounts if they had made a will with them .

monkeyspanner

Thursdays_child wrote: »

Thank you for your replies.

Biggles you have it spot on, the inlaws cleared the house out as they thought because they had been named as next to kin of the deceased in the hospital it was legal and they were.

However, when they went with a death certificate to the Building Societies they were told they had to see a Probate Solicitor who would explain the situation to them. They told the solicitor about a living daughter of the deceased who had no contact with her father for over 20 years but he said that made no differance she was the one who had to have the bank books.

The inlaws said no will was found in the house and as you say if there had been a will they would of found it.

My friend wants to make sure that no will was ever made regardless of who would benefit, so I gather the only way she can do that is to visit every solicitor in the area and ask if her father made a will with them.

We thought that perhaps there might of been some kind of registery.

Wills can be lodged for safekeeping link below
http://www.hmcourts-service.gov.uk/cms/1202.htm

Biggles

I think - once she has checked out local solicitors, banks etc - your friend can place a newspaper advert in a specified way and, if nobody comes out of the woodwork by a cetain time, then she is covered legally. I'm sure someone who knows more about that procedure wil post here shortly.