How can you check that an executor is being honest?

*Louise*

floss2 wrote: »

Our mum got round this issue by giving each of the 4 children a copy in an envelope that said "xxx's copy of mum's will".....then we all knew what she had wanted & who was getting what keepsake before the rest was added together and divvied up between us.

If only every parent was so organised, deffo the best way to save any trouble and make sure everyone knows what's going on.

Errata

Wouldn't a firm of solicitors confirming to someone who rings them up that they had drawn up a will for Fred Bloggs not only breach client confidentiality but also breach data protection ?

floss2

*Louise* wrote: »

If only every parent was so organised, deffo the best way to save any trouble and make sure everyone knows what's going on.

I know, but one can live in hope that others take her example!

NAR

Errata wrote: »

Wouldn't a firm of solicitors confirming to someone who rings them up that they had drawn up a will for Fred Bloggs not only breach client confidentiality but also breach data protection ?

Can't see that it would. Revealing contents of the will would be a very different matter.

Errata

NAR wrote: »

Can't see that it would. Revealing contents of the will would be a very different matter.

If someone phones a solicitor and says Fred Bloggs has died, did you make his will, what proof does the solicitor have that Fred is dead, and if he isn't it's a breach of client confidentiality. I suspect any investigation by a solcitor of their records to discover if Fred made a will is a breach of the DPA, whether Fred is dead or not.

NAR

The will is not the "Data" it is the contents that are. How else would anyone find out if a will had been made, other than solicitor's offices being asked if they had acted on behalf of "XY" or not?

Errata

The data is the details of the willmaker and such data will be held on a paper or electronic database covered by the DPA.

Greenlight77

DH has spoken to someone at the local Probate sub registry office and was told that even he is a beneficiary to the will, unless he's also an executor then he isn't entitled to see the contents of the will until it's proved at which point it becomes a public document that anyone can view. Their only suggestion was that if we're concerned about the situation now we contact a solicitor to seek advice. In the meantime we've sent off the form to get a copy of the will once it's proved. He's also going to contact solicitors where his mum lived anyway to see if he can find out which one is dealing with it, he thought that if he doesn't say at the outset that he's not an executor then he may at least find out the solicitors concerned. As NAR said there must be occasions when people know a will was made but don't know who the executors are.

How we wish that she'd actually given us a copy of the will when she drew it up, it would make life a lot easier if everyone did that! I know someone whose dad died recently and had specified in his will that he wanted to be cremated and his ashes buried in the local church. The family didn't find the will until afterwards and in the meantime had had his ashes scattered at the crem...

floss2

I may be mistaken, but I thought there was a process by which you could register concerns with the Probate Office about a will, which would then put a hold on probate being granted until it was investigated / clarified? Or is that something that only a solicitor can do?

RAS

Hi

if you read the links provided you will find out that you can register a caveat. You may want to pm Jellywobble for more information.