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locating a will - help needed please.

2

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  • System
    System Posts: 178,361 Community Admin
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    Hopefully you will understand my motive when you read my PM, which denies the general public of nothing.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Pee
    Pee Posts: 3,826 Forumite
    The PM may have been rude to Tori.k, who gave a very helpful post which is accurate in spirit. However if you want to be pedantic, the intestacy rules have changed, giving a larger share to a surviving spouse - unlikely to matter here as the OP suggest the estate is well below £125,000. A Will is actually revoked on marriage, for ther technical term, however Tori.k explains very promptly how things will actually work in practise.
  • System
    System Posts: 178,361 Community Admin
    10,000 Posts Photogenic Name Dropper
    Pee wrote: »
    The PM may have been rude to Tori.k, who gave a very helpful post which is accurate in spirit. However if you want to be pedantic, the intestacy rules have changed, giving a larger share to a surviving spouse - unlikely to matter here as the OP suggest the estate is well below £125,000. A Will is actually revoked on marriage, for ther technical term, however Tori.k explains very promptly how things will actually work in practise.

    The PM could'nt have been more polite, but personal, as was their PM reply.
    This is a system account and does not represent a real person. To contact the Forum Team email forumteam@moneysavingexpert.com
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    squibbs25 wrote: »
    islandman, can you try again, i have enabled pm's
    thank you so much for all your help so far.

    Does this mean we dont have to locate the will ?

    That's right, you don't have to locate it as it has been invalidated by your dad's second marriage.
    If he hasn't made a will since remarrying (or one very shortly before that) he has died intestate and any assets must be distributed through the intestacy laws.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • squibbs25
    squibbs25 Posts: 1,324 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    Errata wrote: »
    That's right, you don't have to locate it as it has been invalidated by your dad's second marriage.
    If he hasn't made a will since remarrying (or one very shortly before that) he has died intestate and any assets must be distributed through the intestacy laws.[/QUOTE]



    Thank you, thats a huge weight off mums mind.
    I will look up dying intestate.
    Squibbs.
    My beloved dog Molly
    27/05/1997-01/04/2008
    RIP my wonderful stepdad - miss you loads
    :Axxxxxxxxx:A
    our new editions
    Senna :male: and Dali :female: both JRT
  • CRANKY40
    CRANKY40 Posts: 5,922 Forumite
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    squibbs25 wrote: »
    Thank you, thats a huge weight off mums mind.
    I will look up dying intestate.
    Squibbs.

    The forms to deal with this yourself are easily available by the way. No need for an expensive solicitor if the estate is straightforward.
  • squibbs25
    squibbs25 Posts: 1,324 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    CRANKY40 wrote: »
    The forms to deal with this yourself are easily available by the way. No need for an expensive solicitor if the estate is straightforward.



    Is there any chance you can point me in the right direction for the forms please?
    I would be extremely grateful.
    My beloved dog Molly
    27/05/1997-01/04/2008
    RIP my wonderful stepdad - miss you loads
    :Axxxxxxxxx:A
    our new editions
    Senna :male: and Dali :female: both JRT
  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    squibbs25 wrote: »


    Is there any chance you can point me in the right direction for the forms please?
    I would be extremely grateful.

    This will get you started http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • zzzLazyDaisy
    zzzLazyDaisy Posts: 12,497 Forumite
    Part of the Furniture Combo Breaker
    I am sorry for your loss.

    Probate is needed when the estate is worth more than £5000, but as your father left no property and little assets, there won't be any need for probate and things should be straight forward.

    Firstly, when getting the death certificate, it helps to get a few copies as most organisations need to see the original, so getting a few copies can speed things up.

    If your father was receiving a state pension and/or benefits, you will need to inform them. You should be given a form for this when you register the death.

    Any money in bank accounts in joint names automatically belongs to the other person named on the account.

    Any bank accounts in your father's sole name will need to be closed. The bank will give you a form and will need to see the death certificate.

    If the rent book/tenancy agreement was in your dad's name, you need to notify the landlord and have it put into your mum's name. Same with gas/electricity/water/council tax etc. Same with any contents insurance.

    If there was a car in your dad's name you need to change the name of the registered keeper at DVLA, and also the insurance.

    Your mum may be entitled to certain benefits, so it might be worth posting on the benefits board.

    Good luck
    I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.
  • I do wonder, with all the problems people have with locating wills after someone has died, that there isn't an official place where you can lodge your will so that it can be easily found by your family after your death. I know you can leave it with your solicitor but the family might not know who this is. This would also stop unscrupulous families destroying a will if they don't agree with the contents.
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