Viewing a will

DUTR

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.

My will specifically excludes offspring.
If you/ your daughter believes she has some claim to part of an estate then they can instruct a solictor to investigate the matter for you both.

Willornot

I do not want or expect anything from this, but I am certain my daughter's father would not have completely ignored her. I was under the impression that an executor was lawfully required to carry out the wishes of the deceased. From this experience, I would suggest, that really is not the case.

getmore4less

Willornot wrote: »

I do not want or expect anything from this, but I am certain my daughter's father would not have completely ignored her. I was under the impression that an executor was lawfully required to carry out the wishes of the deceased. From this experience, I would suggest, that really is not the case.

No one checks so it is down to interested parties to police the system.


HMRC will get involved if there are tax issues if they think there is something being done wrong.

DWP if there may have been benifit issues

The courts will get involved if some other party has issues.

Institutions may insist on a grant to release funds but many will accept waivers.

Land registry if sole owner or TIC need grant

Shares need the grant.



As above RAS has pointed the way forward, check with a local solicitor if they have a facility to get all local ones to look for a will.

dzug1

Willornot wrote: »

I do not want or expect anything from this, but I am certain my daughter's father would not have completely ignored her. I was under the impression that an executor was lawfully required to carry out the wishes of the deceased. From this experience, I would suggest, that really is not the case.

If the situation is as I have surmised in #9, then it's quite possible that he did leave your daughter a bequest but that there is no 'spare' money to pay it


If this is the case the wife is making a poor job of explaining it though.

getmore4less

Another angle might be to request an inventory and account will need a bit of research to see if this is feasable and if not forthcoming might need a court order.

Willornot

Thanks to you all for your suggestions. With regards to value, my ex husband and his wife owned a property in Turkey as well as the property in England, which is now for sale at over £220,000, he also worked for sometime for a large company and contributed to a company pension. I would not assume that there was no 'spare' money for even an acknowledgement to his daughter.
It just seems very very odd. Moreover a request to see her fathers will has resulted in nothing at all.

dzug1

No - I wouldn't just assume there is no spare money - but nothing you have said so far is inconsistent with the entire estate being joint property (or in the case of the pension passing to the widow) and therefore passing direct to the survivor with nothing significant left to distribute to others

If there is a significant amount of non-joint assets, it will have to go to probate at some stage (it does take a while). You can place a standing search at the probate office (£6 for 6 months) which will get you a copy of the Probate (or Letters of Administration) when granted

And if the non-joint assets are insignificant is it worth bothering about?

getmore4less

Willornot wrote: »

Thanks to you all for your suggestions. With regards to value, my ex husband and his wife owned a property in Turkey as well as the property in England, which is now for sale at over £220,000, he also worked for sometime for a large company and contributed to a company pension. I would not assume that there was no 'spare' money for even an acknowledgement to his daughter.
It just seems very very odd. Moreover a request to see her fathers will has resulted in nothing at all.

If there is property in Turkey you need to look at turkish law
is the will valid in turkey
do they have the concept of joint ownership and survivorship

a quick look says that in intestate cases the children inherit and share with any spouse.


Also check the ownership of the UK house.

newbutold

How old is your daughter? If still a child, it is worth you speaking to the company re the pension as it may well have a dependant payment element to it.

Pensions normally fall outside of an estate as payments are normally made at the discretion of the trustees, however a "expression of wish" form is normally completed which the trustees will take into account.

Willornot

My daughter is 26 now so she would not be considered a dependant. I have come to the conclusion that this is really a lost cause, her fathers real wishes will never be known unless his widow is forthcoming with a copy of his will. Let this be a lesson to us all. A copy with your spouse and one with a solicitor should be sufficient, but it would appear not. So for all of us divorcees on second marriages take heed..