Viewing a will

Willornot

Can anyone advise how to obtain a copy of a will? My daughters father died (ex husband) and his wife refused to show her the will. I have tried usual channels, it would appear no Grant of Probate issued although they owned a house in UK and one abroad, and his wife said she was executor so she can do what she likes. He certainly made a will, he discussed it with my daughter, although she doesn't know the solicitor used. UK house is now for sale and after 15 months my daughter has received nothing at all from her dad.

2010

http://www.theprobatedepartment.co.uk/copy-will-or-grant-of-probate/

Willornot

Thank you but tried that.. No Grant of Probate, no will.....::(:(

RAS

Try the Land Registry; if the house was held as a joint tenancy then the second wife becomes the sole tenant and it is not included in the estate. If it is tenants in common then the exs portion would be dealt with by the will or intestacy rules.

Willornot

Sadly, I think, fairly sure, it was held joint tenancy, so no joy there either.! I am coming to the conclusion that its not worth the paper it's written on, if she tore it up, no one would know!!! How shocking is that?

madbadrob

Probate is only needed on estates where the value is 15k. Has the house was joint tenants then that would not be included. There is also no requirement under law for an executor to produce the will however she does have a duty under law to carry out the wishes where posssible of the deceased

ROb

Fire_Fox

Why does she think she is entitled to anything? The will can only be torn up if there is only one copy, that could mean it was not drawn up properly/ is invalid anyway, a solicitor will always hold a copy. Could telephone around.

Even if the house was included in the estate the fact that it is for sale means the estate has not yet been wound up, probate/ administration is ongoing so no bequests need to be distributed. It's not uncommon for things to take months or years.

Willornot

She would think she would be left something because she is his daughter and they were exceptionally close.
It would not help to telephone around local solicitors since there are many, and anyway they would not disclose info due to confidentiality. The estate was / is certainly over 15k, but if savings are jointly held then no grant of probate. Another copy could be held at a solicitor, but if that solicitor does not know of his death, then the copy held with his wife could easily be destroyed. I think this is a lost cause, though I know, her father would not rest if his wishes had not been observed.

dzug1

If all savings were joint and the house was jointly owned then there is no estate to be distributed - regardless of what the will might or might not have said.

Fire_Fox

Willornot wrote: »

She would think she would be left something because she is his daughter and they were exceptionally close.
It would not help to telephone around local solicitors since there are many, and anyway they would not disclose info due to confidentiality. The estate was / is certainly over 15k, but if savings are jointly held then no grant of probate. Another copy could be held at a solicitor, but if that solicitor does not know of his death, then the copy held with his wife could easily be destroyed. I think this is a lost cause, though I know, her father would not rest if his wishes had not been observed.

Which is exactly why I suggested telephoning around, all you need to do is inform them of the death and ask if a will is held. The contents are certainly confidential, it's existence not necessarily.

Or she could write enclosing a copy of the death certificate and simply stating she believes the will may have been deliberately withheld. If she cannot be bothered because there are too many solicitors I honestly don't know what else you want us to say.

RAS

Willornot wrote: »

She would think she would be left something because she is his daughter and they were exceptionally close.
It would not help to telephone around local solicitors since there are many, and anyway they would not disclose info due to confidentiality. The estate was / is certainly over 15k, but if savings are jointly held then no grant of probate. Another copy could be held at a solicitor, but if that solicitor does not know of his death, then the copy held with his wife could easily be destroyed. I think this is a lost cause, though I know, her father would not rest if his wishes had not been observed.

This is his daughter, so she could phone round.

In fact, based on my experience, if she contacts one decent lawyer, that is all she needs to do.

When i was searching for lost deeds, I spoke to one solicitor who then put a message in the local monthly circular which asked all solicitors to check whether they had the documents. They said this was a favour as normally it was used to find lost wills.