Seeking a Will

STEG_2

Firstly if I have posted this in the wrong section please accept my apologise, I searched for correct forum and have taken a guess this is it.

The issue I have is that recently my partners Mother has past away, she has been remarried in the last 6 years and her new husband is not forth coming with information of the solictors that are dealing with her estate. The family know that the mother held a will and was a very astute business woman, so they are sure that the will would have been wrote in the finest of detail.

The issue they see is that the new husband is playing the I dont know card, they dont know the solictors that hold the will, nor are able to persuade the new husband to search for any information that will show the holder of the will.

Is there anything the family can do other than seeking legal action against the husband which is something they are not entirely willing to do

Thank you all inadvance.

dzug1

You can put a standing search in at the Registrar's office that will get you alerted when probate is applied for.

It's possible that there is no valid will - if the one you 'know' about was made before the remarriage then it is no longer valid and the rules of intestacy apply.

STEG_2

Thank you dzug1, We know that she re-wrote her will after the marriage so it should still be valid, but we will look into the Registrar's office search.

I know it may sound stupid but who applies for Probate is it automatically applied for or do the family have to inform the Registrar?

NAR

It is applied for by the Executor, appointed by partner's mother. If not too many where she lived why not phone round the solicitor's offices?

TonyMMM

Of course the husband could well be the executor - you need to ask him. And if all assets were in joint names before the death it would all go automatically to him anyway (probate might not even be required).

STEG_2

NAR wrote: »

It is applied for by the Executor, appointed by partner's mother. If not too many where she lived why not phone round the solicitor's offices?

We know the older daughter was the original executor but that has changed to another who we dont know, but your idea of calling around is appealing :T

STEG_2

TonyMMM wrote: »

Of course the husband could well be the executor - you need to ask him. And if all assets were in joint names before the death it would all go automatically to him anyway (probate might not even be required).

Your right we assume he is the executor and is doing little or nothing so that the family move on and he does not have to deal with it, its all a little more sinister than i am making it sound he does not get on with the daughters and we are assuming he is going to simply sit on the estate till they leave him alone. Sad but true

Mojisola

STEG wrote: »

Your right we assume he is the executor and is doing little or nothing so that the family move on and he does not have to deal with it, its all a little more sinister than i am making it sound he does not get on with the daughters and we are assuming he is going to simply sit on the estate till they leave him alone. Sad but true

If he's the executor, he has legal responsibilities to fulfil. If he isn't complying with the law, he can be removed as executor.

NAR

Mojisola wrote: »

If he's the executor, he has legal responsibilities to fulfil. If he isn't complying with the law, he can be removed as executor.

An even better reason to do a bit of phoning around.

MylesBetter

If probate is not required.

Is there a public place where will's are published etc. for public viewing?

If not how can a will be contested and seen to be being carried out, when probate is not required?

What responsibilities do executors have to keep copies of a will and for how long?

STEG_2

Hi all

I thought I would update this as its been a while and a lot has happened, plus I dont like it either when some one asks a questions and people take time to give answers and never really find out the outcome to what they have suggested.

We eventually found out the Solicitors purely by cold calling ones the family thought could be involved, then approached the step-dad with the information.. He informed the family he has instructed his own solictors to deal with it all and they family will find out in due course.

Its all still a little hazy and raw for the family, but we are are step closer to a true end to it all.

so once again thank you, to
dzugs1
MylesBetter
NAR
Mojisola
TonyMMM

You have all helped a great deal.