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Wills

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Where a person has died and the estate was left (apparently) to daughter number 1 and they declared they where the only known relative even though daughter number 2 is alive and known to daughter number 1 should this have been declared when the will was actioned ?

I know that daughter 1 was left everything in the will but have they committed any offence by not declaring daughter number 2 is alive and living nearby.

Daughter 2 had a solicitor contact the solicitor who dealt with the will but the solicitor ignored the letter. Does daughter 2 have any rights to see the will and if so how ?
I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.

Comments

  • Errata
    Errata Posts: 38,230 Forumite
    10,000 Posts Combo Breaker
    A copy of the will can be obtained once probate has been granted, it becomes a public document.
    .................:)....I'm smiling because I have no idea what's going on ...:)
  • McKneff
    McKneff Posts: 38,857 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If daughter no. 1 has been left the estate of the deceased person, there is nothing daughter no. 2 can do unless she was a dependant of the deceased.

    Daughter no. 1 has committed no offence by not declaring sister no 2, why should she and who would she declare it to.
    The estate was left to daughter no. 1, full stop.

    It would only have been naughty if no will had been made and daughter no. 1 claimed the lot.

    Sorry.
    make the most of it, we are only here for the weekend.
    and we will never, ever return.
  • Biggles
    Biggles Posts: 8,209 Forumite
    1,000 Posts Combo Breaker
    Whereas she has, apparently made a false declaration (at probate, presumably), it doesn't seem to have been to her financial gain (though, do we actually know for sure? I don't think we do).

    If that's the case, there's no action worth taking. But she can see the will, as mentioned above.
  • Old_Git
    Old_Git Posts: 4,751 Forumite
    Part of the Furniture 1,000 Posts Mortgage-free Glee! Cashback Cashier
    daughter 2 could contest the will if they have been left nothing .

    I know off a case where one brother was left a business and the second brother £1 ,so he couldnt contest the will and say he got nothing .
    "Do not regret growing older, it's a privilege denied to many"
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    Old_Git wrote: »
    daughter 2 could contest the will if they have been left nothing .

    I know off a case where one brother was left a business and the second brother £1 ,so he couldnt contest the will and say he got nothing .


    Daughter 2 could well contest the will.

    99% certain she will fail though.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    I believe it would be a very straightforward and basic will which would have been easily dealt with by the solicitor - how would a copy of the will be vieweable ?.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • dzug1
    dzug1 Posts: 13,535 Forumite
    10,000 Posts Combo Breaker
    CIS wrote: »
    I believe it would be a very straightforward and basic will which would have been easily dealt with by the solicitor - how would a copy of the will be vieweable ?.


    You buy a copy from the Probate Office
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