obtaining a copy of a will

yabajaz

My mum passed away in August. Her husband says her Will is none of my business...
How long would a standard Will take to go through probate? as I believe I can get a copy once it has - as it is then classed as a 'public record'
many thanks

madbadrob

It depends on how long it takes the executors to apply for probate. You can send in the money for a will with dates of death and if probate hasnt been granted they will keep it on file for 6 months and send you out the will once probate as been granted.

See http://www.justice.gov.uk/courts/probate/copies-of-grants-wills

Rob

yabajaz

madbadrob wrote: »

It depends on how long it takes the executors to apply for probate. You can send in the money for a will with dates of death and if probate hasnt been granted they will keep it on file for 6 months and send you out the will once probate as been granted.

See http://www.justice.gov.uk/courts/probate/copies-of-grants-wills

Rob

Thank you Rob.
As her husband was the executor of her Will, I presume it is up to him when (or indeed IF) he applies. Is it a legal requirement at all ?
I shall print off a form and post it into my nearest court and hope for the best.
thanks again

dzug1

It's a legal requirement if the estate is above a certain figure (sorry don't know what it is) but if you bend or ignore the rules you can sometimes get away without it. No one is actively checking

It tends to cause problems on the next death though

getmore4less

dzug1 wrote: »

It's a legal requirement if the estate is above a certain figure (sorry don't know what it is) but if you bend or ignore the rules you can sometimes get away without it. No one is actively checking

It tends to cause problems on the next death though

there is no legal requirement for someone to take an estate through probate.

Jont assets, accounts under £5 upto £15k in some cases can be released on just a death certificare

59% of people die without going through probate/admin, many of those have second^ deaths and don't hear of many of those having problems.

What sort of problems are you thinking about.

dzug1

getmore4less wrote: »

there is no legal requirement for someone to take an estate through probate.

Jont assets, accounts under £5 upto £15k in some cases can be released on just a death certificare

59% of people die without going through probate/admin, many of those have second^ deaths and don't hear of many of those having problems.

What sort of problems are you thinking about.

I was thinking of larger and more complex estates than you and of some rather than many

Problems - reopening the first estate and having to get probate for it if something needed it first time round and was glossed over

madbadrob

yes Probate is required when there is a will by law and monetary value is not even a question see http://www.itc.co.uk/whenisprobateneeded

Rob

Mojisola

madbadrob wrote: »

yes Probate is required when there is a will by law and monetary value is not even a question see http://www.itc.co.uk/whenisprobateneeded

My Mum left a will but we didn't have to go to probate because all Mum and Dad's accounts were joint and the house was owned as joint tenants.

getmore4less

madbadrob wrote: »

yes Probate is required when there is a will by law and monetary value is not even a question see http://www.itc.co.uk/whenisprobateneeded

Rob

A will or no will makes no difference(other than probate or Letters) even your own link says so.

It is only when you need a grant to access assets or have place mark for the transferable nillrate band is it worth bothering with administration.