We'd like to remind Forumites to please avoid political debate on the Forum. This is to keep it a safe and useful space for MoneySaving discussions. Threads that are - or become - political in nature may be removed in line with the Forum’s rules. Thank you for your understanding.
We're aware that dates on the Forum are not currently showing correctly. Please bear with us while we get this fixed, and see Site feedback for updates.

Checking a will

A friend died two years ago, the will was dealt with by a family member, no solicitor was involved. I suspect I might have been left something in the will but the family member has never said anything. Is there any way of getting a copy of the will without the family member knowing?

TIA
«13

Comments

  • Savvy_Sue
    Savvy_Sue Posts: 46,910 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    Yes, once probate has been granted a will is (almost always) a matter of public record. I think you want a one of these.
    Signature removed for peace of mind
  • Dollardog
    Dollardog Posts: 1,774 Forumite
    Part of the Furniture Combo Breaker
    Thanks Savvy_Sue, does the following:-

    Applicable dates and records held: [FONT=Arial,Arial][FONT=Arial,Arial]The Postal Searches and Copies Department has access to indexes relating to all Probate records for the whole of England and Wales from 11 January 1858 up to the present day. You may apply for a copy of any proved Will, as well as a copy of the Grant of Representation. The Grant will tell you who were the Executors or Administrators (those appointed to gather in and distribute the estate). It may also tell you the name of the Solicitor acting for them (if any) and the value of the estate, although usually only in very broad terms. The financial summary shown on the Grant is the only information relating to the estate that the Probate record contains. No inventory or estate accounts are available.
    [/FONT]
    [/FONT]


    mean that bequests will not be mentioned on what you are sent, just an overall value of the estate?

    Thanks for your help.
  • Mojisola
    Mojisola Posts: 35,571 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You get a copy of the actual will if you tick that box.
  • Dollardog wrote: »
    Applicable dates and records held: [FONT=Arial,Arial][FONT=Arial,Arial]The Postal Searches and Copies Department has access to indexes relating to all Probate records for the whole of England and Wales from 11 January 1858 up to the present day. You may apply for a copy of any proved Will, as well as a copy of the Grant of Representation. The Grant will tell you who were the Executors or Administrators (those appointed to gather in and distribute the estate). It may also tell you the name of the Solicitor acting for them (if any) and the value of the estate, although usually only in very broad terms. The financial summary shown on the Grant is the only information relating to the estate that the Probate record contains. No inventory or estate accounts are available.
    [/FONT]
    [/FONT] mean that bequests will not be mentioned on what you are sent, just an overall value of the estate?

    In your quoted paragraph above it says "[FONT=Arial,Arial][FONT=Arial,Arial]You may apply for a copy of any proved Will[/FONT][/FONT]" which will show the exact wording of the Will and which would include the bequests made by the deceased.

    That should show whether you had been mentioned in the Will.
  • madbadrob
    madbadrob Posts: 1,284 Forumite
    Eighth Anniversary Combo Breaker
    The grant is what lists very little information. The will is a photocopy of the original and most definately carries all the gifts etc.

    Rob
  • Dollardog
    Dollardog Posts: 1,774 Forumite
    Part of the Furniture Combo Breaker
    Thank you all very much for your replies - much appreciated.
  • Savvy_Sue
    Savvy_Sue Posts: 46,910 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    BTW, I hope you've given some thought as to what you'd do if you WERE left something!

    Also you may find the will hasn't yet gone to probate. It can take a while ... at work we once had a bequest from a lady who'd died well over two years earlier!
    Signature removed for peace of mind
  • Savvy_Sue wrote: »
    BTW, I hope you've given some thought as to what you'd do if you WERE left something!

    Also you may find the will hasn't yet gone to probate. It can take a while ... at work we once had a bequest from a lady who'd died well over two years earlier!

    And if you were left something, you would need to pursue it in a civil court at your own expense - which may be greater than the gift you were left...
    If the executor chooses not to follow what is in the will it is not a criminal offence... if you think it should be, contact your local MP. Only if people are aware of the lack of protection they have for their 'last wishes' can we do something about it for future generations.
    Lying on a Confirmation document is not a criminal offence in Scotland either ( probate in England) and the banks will not disclose if the executor has lied even when you provide them with evidence of the lies. Unless someone is willing to spend a lot of money pursuing a civil case against a less than prudent executor , an executor who lies, doesn't follow wishes or the will, or benefits himself from the estate can get away with it because it is not 'criminal' and there is no duty on the Police to investigate 'civil' related matters, which wills are.
    Therefore if your 'trust' is broken, unlike all other types of 'trust' contract, you have no effective remedy in law to put it right.
    All the best.
  • antrobus
    antrobus Posts: 17,386 Forumite
    ....If the executor chooses not to follow what is in the will it is not a criminal offence... .

    That would depend on exactly what the executor had or hadn't done. See, for example;

    Executor and Trustee jailed for fraud and forgery
    http://www.hughjames.com/our_services/wills,_probate_and_trusts/write_a_will/executor_and_trustee_jailed.aspx
  • If you are that lawyer would you represent me on a 'no win, no fee' basis ? !!
    I've spent thousands already and can go no further because I don't have the money ! Or if you can advise how I can get the Police to investigate this matter !
    My ( second) solicitor has advised I could get it to court but it will take time and in the meantime the executor, who has already breached an interim interdict' can continue to spend my mother's estate ... as he is doing despite a court telling him not to.
    The Police won't get involved because it's attached to a 'civil' case...
    So even if I win, there could be nothing left to get... I wouldn't mind not getting anything as long as he was held accountable for his actions, but I don't have the money to get it to court.
    So my family are denied my mother's last wishes and justice....
This discussion has been closed.
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 348.3K Banking & Borrowing
  • 252.1K Reduce Debt & Boost Income
  • 452.4K Spending & Discounts
  • 240.9K Work, Benefits & Business
  • 617.2K Mortgages, Homes & Bills
  • 175.7K Life & Family
  • 254.1K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.