Beneficiary to a will

TonyMMM

Candy53 wrote: »

Sorry to hijack the thread, but I've also been trying to find out what rights beneficiaries have, and I keep getting conflicting information.

I am going to be a beneficiary in someone's will. Do I have a right then, as said above, then to buy a copy of the will from the Probate office? I was told on another site that only the executor is allowed to see it.
Also, the member of my family who has made the will told me their solicitor will let me know what they are leaving me, but not so?

2 of us are being left exactly the same amount, but I've now heard that the executor can take a fee. Will that come out of our inheritance? And can they take what they like?

Thanks,
Candy

To answer your question ....

You have no right at all to see anyone's will, whether you are named in or not, until such time as the person has died and the will has been taken to Probate (at which point it becomes a public document, and anyone can see it).

The executor has the right to take expenses incurred in dealing with the estate from the total amount before the rest is distributed - if the executor is a solicitor they will charge for their time and may also charge a percentage of the estate (1or 2% is quite normal). The person making the will should have taken this into account when nominating who they want to be the executor.

At the conclusion of the process it is normal (but not mandatory) for the executor to provide each beneficary with a copy of the will, and a statement of account showing how the estate has been handled.

Mojisola

Candy53 wrote: »

I am going to be a beneficiary in someone's will. Do I have a right then, as said above, then to buy a copy of the will from the Probate office? I was told on another site that only the executor is allowed to see it.

Also, the member of my family who has made the will told me their solicitor will let me know what they are leaving me, but not so?

The person involved may not want to tell you an actual amount because they may not know exactly how much you will get. None of us know how much our estate will be worth when we die so wills are often written so that x% is left to people. Until the person dies and all the sums are done, no-one knows what that amount will be. Someone could have an estate worth £300,000, go into a care home and end up with only £20,000 when they die.

If you don't know something about a subject I don't think there's anything wrong to trying to find out how things are done. When the subject is wills, it's easy to see people as being greedy but knowledge never goes amiss.

Which? have some good books on wills and probate - try the local library for copies. Reading up on the subject may help you when you're making decisions about your own will.

meritaten

I would obtain a copy of the will hun. It is quite right that you should know exactly how you were mentioned in the will. I have dealt with a few wills as executor and/or beneficiary and in all cases the people mentioned in the will were given photocopies of the will.
It may well have been that you were left a specific amount in the will and you were given that out of the executors own account (tho I find that a bit strange tbh) in order that minor beneficiaries would recieve their inheritance in a timely manner.

I do hope you didnt sign anything which said that you have recieved the inheritance and would make no further claim on the estate?
(only because I have a nasty suspicious mind and when it comes down to inheritances I KNOW how conniving people can be).

I do hope that it was all legal and right - but I dont blame you one bit for wanting to check, I would, given the same circumstances.

NMA_2

Beneficiaries only have a right to see a copy of the will when the will has been proved by the Probate Registry, ie when the Grant f Probate has been granted. At this point the will becomes a public document and any member of the public can view a copy of the will for £6. The executor would normally send a copy of the will to beneficiaries some time after this. Before probate is granted it is at the discretion of the executor whether or not to let beneficiaries see a copy of the will. Many choose not to, some might do so.

tayforth

thorsoak wrote: »

So you are worrying about a legacy from someone who isn't yet dead? What does your signature say about "never worry worry until worry worries you"? The person who has named you in his/her will could change his/her mind - and leave it all to the Cats' Home!

Or outlive any of the beneficiaries.

molly22

if i request a copy of my dear late mum in law's will, will anybody know?

Errata

molly22 wrote: »

if i request a copy of my dear late mum in law's will, will anybody know?

If you mean a copy from the Probate Office, no.

BobQ

molly22 wrote: »

if i request a copy of my dear late mum in law's will, will anybody know?

Only the probate officer. When someone dies, if the estate requires a Grant of Probate to administer it the process of obtaining it makes the Will a matter of public record and anyone can ask to see it and have a copy of it.

Evie1426

I'm going through a similar situation. My grandparents have both died in the last two years (grandmother 2 years ago, grandfather in May this year). A close relative has seen the will left by my granddad which stated a certain amount of money was to be left to the three grandchildren. My father is the sole executor of the will. Nothing has been received from the solicitor the will was left with to anyone as far as we know, and we can't get any information from my father as to what is happening. The flat my grandparents shared is currently on the market for sale.

After a heated discussion between my brother and father, it appears that we will only receive half of what was bequeathed as my grandmother had allegedly loaned £90k from my father's partner - no proof of which has been offered. My father has said because of this he is pocketing the £90k as soon as the flat is sold not leaving a lot of money at the end of it.

My question is can an executor of a will determine how much is given to a beneficiary? If no proof is offered or found regarding an alleged loan can they use this as a way of limiting the funds to be dispersed? Can a solicitor do this?

I appreciate any help given as this is tearing my family apart at the moment and we know that my grandparents wishes are not being followed.

meritaten

Evie1426 wrote: »

I'm going through a similar situation. My grandparents have both died in the last two years (grandmother 2 years ago, grandfather in May this year). A close relative has seen the will left by my granddad which stated a certain amount of money was to be left to the three grandchildren. My father is the sole executor of the will. Nothing has been received from the solicitor the will was left with to anyone as far as we know, and we can't get any information from my father as to what is happening. The flat my grandparents shared is currently on the market for sale.

After a heated discussion between my brother and father, it appears that we will only receive half of what was bequeathed as my grandmother had allegedly loaned £90k from my father's partner - no proof of which has been offered. My father has said because of this he is pocketing the £90k as soon as the flat is sold not leaving a lot of money at the end of it.

My question is can an executor of a will determine how much is given to a beneficiary? If no proof is offered or found regarding an alleged loan can they use this as a way of limiting the funds to be dispersed? Can a solicitor do this?

I appreciate any help given as this is tearing my family apart at the moment and we know that my grandparents wishes are not being followed.

Then there has to have been a document signed by the parties agreeing to the loan. as executor your father has to produce legal documents allowing him to 'deduct' from the estate.
If your father is not using the solicitor the will was lodged with, then perhaps you should contact this solicitor and ask if he will 'act' for you.
I would be suspicious too!