Mum died and cant find a will anywhere

bitsandbobs

Yeah i dont even think there is one, just in my mind if i put money off the mortgage ect could someone turn up with one and demand it all back

Oldernotwiser

bitsandbobs wrote: »

Yeah i dont even think there is one, just in my mind if i put money off the mortgage ect could someone turn up with one and demand it all back

Unlikely to happen but think of the interest you'll have saved even if it does!

bitsandbobs

Yeah i dont think it will happen but im worried about the million to one chance it could, if the estate has been through probate and passed between me and my sisters and a will turned up somewhere 5 yrs down the line would we have to pay it all back to whoevers name the will was in or as it had been through probate and passed to use would we not be liable?

Mojisola

Isn't there an insurance you can buy to cover this situation? I think they talked about it on the "Heir Hunters" programme.

Hawkeye4aneye

Mojisola wrote: »

Isn't there an insurance you can buy to cover this situation? I think they talked about it on the "Heir Hunters" programme.

Yes there is. I know Norwich Union used to do it so I presume Aviva do so now.
Also please note that you can NOT distribute the estate anyway until 6 months after the Grant has been issued (the date) and it is a good idea to put an advert in the local paper and the London Gazette stating that on a date in the future - the date above -the estate will be distributed to those entitled and anyone with a claim should contact ABC etc (The Executors).

Please also note that when applying for the grant this "other relative" can tell the Probate Office that she considers that a will exists and The Probate Office will ask what efforts have been made to find the will. Once the Court are happy they will only put off Issuing the Grant if this relative can come up with proof that such a will exists.

vegasvisitor

I'm a bit curious about the mention of the 6 month waiting period.

My mother died in June and the house is now sold and the lawyer is going to pay the debts when the money comes in for the house. This will be close to 6 months from date of death, which I assumed was the 6 month thing. Does the 6 months start from the date of probate (deed of confirmation here in Scotland)? I just need to watch out in case anything else crops up in the meantime. There was a will, but there's a lot of debt so it's eating up a large part of the sale of the house.