Unread will - is there a time limit?

jmt

Hello all,

I'm not sure if this is the correct board, but a property is involved.

My FIL died in June 2010 and we understand from MIL that he left a will (she showed us an envelope a few weeks later, but it could have contained anything).

Neither myself or DH (her son) feel it appropriate to ask to read it, but as it is coming up to two years since he died, we wondered if you had to deal with anything in a certain amount of time.

I'm sure that they left everything to each other, but without reading it (and trying to understand the legal wording) we don't know. It may be that my DH is an executor....who know's?

If probate is not required on the death of a spouse, we can leave it and not mention anything, but we are worried that if something is legally required to be done, we know nothing about it.

snid

I think that no probate is needed if they owned everything jointly. However, if the FIL owned the house and the Will says it goes to the MIL then the probate on the Will would be needed.
If there was no will then the assets would not necessarily all pass to MIL.

Well this is as I understand it anyway.

If the Will has been proved then it is in the public domain and anyone can ask to see it.

pauletruth

i would urge you to do this fo your MIL. untill the will has been through probate and been assessed by the taxman your MIL does not own what your FIL left.

snid

I don't think there is a time limit as such, but it will depend upon the situation. Of course, if someone has not followed the terms of the Will - or the intestacy rules - then that is a criminal offence.

jmt

Thank you for your replies.

When my FIL passed away my MIL was only concerned about paying her bills and her £100 week housekeeping as FIL had always dealt with everything. I know that the current account was joint and she had no problem getting the savings transferred into her sole name, so I presume they were joint as well.

The only thing I helped her to do was transfer all of utilities into her name and these are now paid by DD so she does not have to deal with this. All of the utility companies and council were very helpful and I am now an authorised person to talk to about these accounts.

I'm not sure, but we think that her home was in joint names.....we just do not want to offend her as it was their business, but we don't want to have any problems.

Could we approach the solicitor that we think did the will....would they give us a copy. That way we can find out IF we need to deal with anything.

PasturesNew

You need to get your hands on it and find out what it says. I've just dealt with a similar will that turned out to have an error in it and the house was registered wrongly.... it's much easier sorting this out now, while the remaining person has their marbles.

snid

Good idea to contact the solicitor. They will show you the Will or tell you where you can view it.

sonastin

If the house is the only thing you are worried about, have you checked the land registry. It depends on when they bought it and where they are as to whether or not it is necessarily registered but if it is, you can download the title for £4. That will tell you who is the registered owner.

I would suggest that you still try to discuss it with your MIL anyway though. Perhaps tell her that you've heard about a friend or colleague sorting out probate and you don't remember having to do anything similar so you wanted to check if she'd managed it without you. If not, does she want you to do it for her now you know what is involved and how easy it is from your "friend".

xylophone

http://www.justice.gov.uk/courts/probate/obtain-probate/need-probate
re probate and joint assets.
http://www.lawpack.co.uk/cohabitation/articles/article889.asp

jmt

Thank you for all your replies.

I have rung the company that we think may have done the wills, they have taken details and someone will call us back on Monday.

It is very difficult to raise the subject, last time we did when we were updating our wills, she said she did want to update her will but had not made up her mind what she wanted to do and until she had she did not want to do anything........this was last year.

We await a return phone call on Monday

Yorkie1

You may be lucky, but I wouldn't get your hopes up that the company / firm will be in a position to disclose the will to you, for reasons of client confidentiality.