my fathers will

savingmummy

The solicitor has a copy of the will so if she destroys your fathers there is a copy!
You will need to see the solicitor about this to get concrete answers!

mountainofdebt

Well if you really think that your sister would destroy the will then the sensible thing to do would be to take a photocopy of it.

My previous comments still stand though and subsequent posts do nothing to dispel this opinion

Mojisola

Photocopies of will aren't worth anything. There is only one will that's legal - the original with the original signature on it.

There will be a paper trail of any accounts she shuts down, especially if she transfers the money to her own accounts.

If she does destroy the original will, then the estate would be divided equally between the two of you.

You should get advice now from a solicitor.

ricardo62

mountainofdebt wrote: »

Well if you really think that your sister would destroy the will then the sensible thing to do would be to take a photocopy of it.

My previous comments still stand though and subsequent posts do nothing to dispel this opinion

i know how you feel but im only trying to make as sure as i can my fathers wishes are carried out , shes already had her share but shes very cunning and evil , my dad cant see through her and trusts her he dosent know what she says behind his back and what shes like when hes not around , shes all sweetness and light to the rest of the family but its an act shes a evil witch ! she even told me she would like it if i was dead ! she hates me and i hate her !!! i only want what my dad wished and i dont think its fair she should get it all ??

Savvy_Sue

Actually, if she destroys your father's will then unless there is an earlier will which puts you at a disadvantage, he'd be judged to have died without a will (intestate). And that could put you in a stronger position, because she would not be executor (nothing to execute) and you could apply for letters of administration yourself.

But taking the passbooks into your own possession won't help, unless it's very small sums involved, because the banks / building societies will want to see a death certificate and to know who the executor is. They will pay out to the executor, not to just anyone with a death certificate.

Taking a photocopy of statements / balances might be worthwhile.

I suppose taking the books now would stop her cleaning out the accounts before your father dies (which she could theoretically do if she has power of attorney), BUT she might be able to accuse you of theft if you do this.

I agree that it's a little distasteful to be discussing it before your Dad's died though.

Gothicfairy

Is this the sister who you are going to be staying with for 1 month a year and using her address as yours ? That could cause trouble in the long run so it might be worth sorting something else out rather then using her for those things.

As for the will and money, when my father passed away I had to take the will, death cert, my ID, my fathers ID, Passbooks and a small estate form ( you don't have to go through probate if it is under something like 15k now I believe) to the bank to sort out his ISA and even then I had to have an appointment with the manager who checked and copied all the details before handing the money over ( we needed it to cover the costs so got it in cheque form to the funeral director)

Once someone dies their accounts are closed and nothing can be done without all the documents being correct and shown.

The solicitor who drew up the will would more then likely be named as excutor as well as your sister ( they normally are as that covers death and family disputes) so you can of course request that the solicitor deal with it all but that will cost you and come out of the estate and seeing as it is you who would want that your sister might apply for it to come out of your share rather then joint ( I think that can be done as someone I knew tried to drag out a case so that the money ran out but in the end they had to fund it all themselves and their ex still got their share )

jhe

i was executer several years ago. all the deceased isa accounts were closed by the bank and transferred into one account when i informed the bank of the death i had to take in copy of will and death certificate to them. as has been suggested there will be a paper trail, as advised you need to speak to a solicitor

Savvy_Sue

Gothicfairy wrote: »

The solicitor who drew up the will would more then likely be named as excutor as well as your sister ( they normally are as that covers death and family disputes)

Hang on a minute, we have no indication that this isn't a DIY will for starters, and no indication that there is a solicitor as joint executor. Plus, I'm not sure that even IF a solicitor drew up the will they would be able to give ANY advice or information to the OP, beyond "this is what happens when someone starts to execute a will".

And that advice could be obtained from a book either borrowed from the library or bought for the long term. The Which Guide to wills and probate is IMO excellent.

ricardo62

its a proper will and i think a copy is at the solicitors ? one other ? if i become a carer for him has anybody an idea of what i might recieve per week i think i might also be able to get income support as well as carers allowance ?

RadoJo

Just to warn you that your latest post asking about being a carer for your Dad comes across as being more interested in how much you can get out of him than a genuine desire to look after your dad's interests. If this is not the case, you may wish to either edit your post, or start a new thread on the benefits board as your latest post does nothing to dispel the idea that money is your primary motivator when it comes to your father's care and you may find some harsh comments coming your way.