Executor will not release details/copy of will

Leighcote

My Aunty passed away recently and is survived by 3 siblings (all aged in their late 80s). The sole executor of her will is a friend as the siblings had no close relationship with her. We are not sure what was contained in the will but my mother (sister of the deceased) thinks that some "trinkets" may have been left for her.
At the funeral we asked the executor if we could please have a copy of the will and have since emailed, phoned, written to her but with no response. The friend told us at the funeral that my Aunty's house had been left to her but apart from that, we have no other details.
The solicitor who held the will tells me that he cannot help and the executor needs to provide me with details.
I don't think that anything of any value has been left, simply the siblings would just like to have a copy of the will and as I live abroad, I have no idea how to proceed in trying to get a copy.

DVardysShadow

The executor is making a bit of an ass of herself. Copies of Wills can be obtained from the probate office.

System

<suspicious mode>
Assuming that she has gone for probate. Maybe she hasn't/doesn't intend to and is keeping quiet in the hope of grabbing everything?
</suspicious mode>

meritaten

If you are mentioned in the will then I see no reason why the solicitor shouldnt let you have a copy. or the executor come to that. But, if they are both being arrisses then a will which has been 'proved' is a public document and can be obtained from the Probate service. give us a min and I will look up the relevant website for you.

I found this on another forum you may find it useful

Assuming that probate has been granted, you can visit First Avenue House, 42-49 High Holborn, London WC1 6NP (tel: 020 7947 6939) which is the principal probate registry for England and Wales, and make a search in person.
Alternatively, you can visit the probate registry that covers your district. Brighton is one of 11 locations that have a district registry.
There are also 18 sub-registries and you'll find a full list of both with addresses and opening times on the HM Courts Service website.
It is possible also to request a copy of a will by writing to The Postal Searches & Copies Dept, York Probate Sub-Registry, 1st Floor, Castle Chambers, Clifford Street, York, YO1 9RG, giving the full name, address and date of death of the deceased, stating what you require and enclosing the £5 fee. Requests are not accepted by phone
If probate is due to be granted but you are not sure when, you could set up what is known as a standing search.
This is valid for six months and you will automatically receive a copy of the will if probate is granted within that time.

Read more: http://www.thisismoney.co.uk/money/experts/article-1694172/How-can-I-get-a-copy-of-a-will.html#ixzz1rfPuzMmZ

Leighcote

Thanks very much - however, the solicitor mailed me this afternoon with the following message

I have spoken to the executor who informed me that there is very little money in xxx's estate so a grant of probate will not be necessary.
Xxx's house was gifted to xxx in 2006 and so does not pass under the will.

So something strange is going on. I have absolutely no idea why she would gift her house to a friend when she was fit and healthy, instead of leaving it in her will? How could this be of any benefit to her - did she live there rent-free.... On the other hand, why would she pay rent to live in a house that she had owned outright.

And so basically, the executor has told the solicitor there is very little money in the estate and it seems, that is it. If the executor says this, then it must be true!! End of story. I am writing back to the solicitor to ask if anybody has actually checked this is correct.

System

I would suggest going to the Land Registry site and downloading the deeds for the house to confirm the transfer.

LillythePink

Whilst I appreciate that our laws (Channel Islands) are different to the UK, I was the executor of a will recently.

I did need to apply for Probate and was told, that after this, the documents are public, but not before then or if I didn't need to get Probate because of the estate value.

I was also told that I didn't need to give out details of the will to anyone (even beneficiaries) although it was good manners to give the a copy but certainly not a legal requirement.

I didn't pass on a copy of the will to anyone and no-one asked for a copy - I would have given one if they had requested it. The beneficiaries were surprised with their gifts and they weren't expected.

I know that the only way that the will would have been made public (if someone didn't apply to the court for a copy after probabe) would have been if they contested the will.

I didn't have anything to hide and did the job to the best of my ability.

Saying that, in your case, it does sound a bit funny that they are being evasive in giving any information, however, it could be out of embarrassement that they received something when family didn't, but it could easily be clarified as above board if they went to an independent party ie solicitor.

Regarding the gifting of the house - it does sound strange given that your aunt had immediate family.

You may have to contest the will to find out more.

noelphobic

LillythePink wrote: »

You may have to contest the will to find out more.

In order to contest the will you would have to know what was in it though, so it seems like a bit of a catch 22. The whole thing smells fishy to me. If the estate had no real value to it then why was the will being held by a solicitor? Wouldn't it just be held by the executor?

mistrey

When you die Inheritance tax is levied on everything you own (your estate). For the purposes of Inheritance tax everything you have given away in the last 7 years is counted as part of your estate. Depending on how long you live there is a sliding scale that reduces the tax for things given away between 4 and 7 years ago. you can deduct an annual allowance of £3,000 and some small gifts are exempt, but nothing that will make a dent in the value of a house. So maybe it was to avoid inheritance tax?

If you think it unlikely that she actually gave the housse to this friend then you need rto involve the police

noelphobic

mistrey wrote: »

When you die Inheritance tax is levied on everything you own (your estate).

Only if your estate is above a certain value. Not sure of the exact figures off the top of my head, but I am sure someone will soon be along who knows!

vax2002

Apply for a copy anyway, someone may not be telling the truth....