Unread will - is there a time limit?

Mojisola

Yorkie1 wrote: »

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.

I'm sure you're right. I would be livid if my solicitor passed on information about my will to someone else.

As your FIL has died, they may tell you that a will existed at the time of his death but don't expect much more unless it's all been through probate and is in the public domain.

jmt

Mojisola wrote: »

I'm sure you're right. I would be livid if my solicitor passed on information about my will to someone else.

As your FIL has died, they may tell you that a will existed at the time of his death but don't expect much more unless it's all been through probate and is in the public domain.

Does the fact that my DH was his son not mean he would be entitled to see a copy of the will if there is one?

Mojisola

jmt wrote: »

Does the fact that my DH was his son not mean he would be entitled to see a copy of the will if there is one?

Not unless he was named as an executor.

jmt

Mojisola wrote: »

Not unless he was named as an executor.

I think we will just leave well alone. What we don't know about we cannot deal with. If my MIL only 'own's half her home as she has not dealt with it....then that is her fault.

When we last spoke to her, she made us feel very uncomfortable so we will not be mentioning it again.

Thanks everyone for the helpful advice, we shall see what the solicitors say on Monday and take it from there if my DH is an executor.

getmore4less

I think one issue here might be you are involved.

This is something that should be discussed by blood family only in the first instance.

jmt

getmore4less wrote: »

I think one issue here might be you are involved.

This is something that should be discussed by blood family only in the first instance.

I am only posting on here as my DH hates forums, but I find them very useful and gain a lot of information.

Of course you are right I am not 'blood', but my DH is the person who broached the subject last year as she wanted to know why we were going to the solicitors.

jmt

A quick update to helpful posters (if you are interested).

The solicitor rang me yesterday to confirm that they did hold wills for FIL and MIL. Everything was just to each other and only complication could be house if not in joint names. Nothing for DH to do as executors are actually the solicitors (this sounds costly!!!)

We are just going to leave well alone, should the property need to be sold and it complicates things......so be it.

Thanks once again

Millie_Millsters

jmt wrote: »

A quick update to helpful posters (if you are interested).

The solicitor rang me yesterday to confirm that they did hold wills for FIL and MIL. Everything was just to each other and only complication could be house if not in joint names. Nothing for DH to do as executors are actually the solicitors (this sounds costly!!!)

We are just going to leave well alone, should the property need to be sold and it complicates things......so be it.

Thanks once again

Surely a simple will like this should have been done and dusted in 18 months.

After my husband died in Oct 2010, my brother (the executor) had probate within 6 months. BTW, if they owned the house as joint tenants, then it's just a quick form to the land registry at no charge to get the ownership amended and the house isn't included in the estate.

andy.m_2

the will has not been done and dusted because the surviving partner has not opened it, read the thread.

Richard_Webster

A quick update to helpful posters (if you are interested).

The solicitor rang me yesterday to confirm that they did hold wills for FIL and MIL. Everything was just to each other and only complication could be house if not in joint names. Nothing for DH to do as executors are actually the solicitors (this sounds costly!!!)

So it is unlikely that anything will need to be done - this is very common with the first to die of a married couple where the house is held jointly.

By the way they only read wills in Agatha Christie Novels - I've never done it!

Words in bold sound an alarm - I would never advise a couple to appoint solicitors as executors (it is blatant work creation and quite immoral) unless there were some very good reasons. The best people are generally the immediate family unless the testator genuinely believes that they wouldn't be able to deal with it all or brothers and sisters would argue. They can instruct solicitors to do the legal work, and yes, that will cost - but they should have the choice, and take any important decisions with the solicitor's advice, rather than leaving it all to him where he is bound to be more cautious. Also they are paying for the solicitor to go to the house and go through all the private stuff etc - do they really want that?