Will Question

partialycloudy

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~Beanie~

No, you won't get to see it as a matter of course.

Once probate has been granted, you can get a copy by applying to the Probate Service but you will have to pay for this.

Mojisola

partialycloudy wrote: »

My nan passed away recently and at the funeral my uncle said that all us granchildren (5 Biological and 1 non biological) will be left the money in her bank account, obvioulsy split between us.

from different conversations, I believe his adult stepchild(non biological grandaughter) has been left out of the will.

If the will says something like "the money in that account to be divided between my grandchildren", then only grandchildren of her bloodline will count.

If there is one step-grandchild who is not in line to inherit anything, the executor may ask all the other grandchildren to sign a deed of variation so that the money could be shared between the six grandchildren. All of those affected will have to agree.

troubleinparadise

Sorting out a will after death usually takes a few months.

Any debts of the estate have to be cleared before Probate, or letters of administration, are granted, after which the estate can be distributed according to the will.

You don't have an entitlement to see the will although you might be given a copy if the Executor chooses. If the will goes through probate (which isn't always needed if the estate is small) you can apply for a copy of the will if you wish.

You may have a note of acknowledgement of receipt to sign for the executor's records, along with an account of the estate for your information.

partialycloudy

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John_Pierpoint

Mojisola wrote: »

If the will says something like "the money in that account to be divided between my grandchildren", then only grandchildren of her bloodline will count.

If there is one step-grandchild who is not in line to inherit anything, the executor may ask all the other grandchildren to sign a deed of variation so that the money could be shared between the six grandchildren. All of those affected will have to agree.

The step child just might have been adopted into the blood family?
Hopefully the will writer has added "........being alive at my death" to make it absolutely clear who gets the money aimed at the young tearaway who killed himself in a motor cycle accident while his supposed girl friend was pregnant.

troubleinparadise

partialycloudy wrote: »

I am just concerned with how much for "expenses" are being taking out of the bank account. But so far everything has only been hear say so I will await to see what actually happens once the sale of her property has gone through.
Thanks all

If the estate is being administered correctly, each individual asset is valued at the date of death. So that would mean a bank account, premium bonds, a house etc.

A new bank account (the executors account) is usually set up into which the current account is transferred, and any monies due to the estate are paid into it. This account cannot be used to pay debts or bills until probate has been granted, with the exception of funeral costs and tax.

Depending on the exact wording of the Will, and you have said that you are to receive a share of her bank account, then that is what you should receive, as valued at the date of her death. It really depends whether any costs are funded by other assets such as savings, premium bonds, the proceeds of the house sale. What was to happen with the proceeds of the house sale?

The only "expenses" deducted should be the funeral costs, and monies owing (utilities, credit cards etc). There should not be arbitrary expenses other than perhaps stationery, stamps etc that the executor has incurred, other than perhaps professional advice (solicitor/accountant), house sale costs, or house clearance. These will be paid from the executors account.

You should be given an account which lists all of these items so that it is clear how your share has been arrived at.

Mojisola

partialycloudy wrote: »

I am just concerned with how much for "expenses" are being taking out of the bank account. But so far everything has only been hear say so I will await to see what actually happens once the sale of her property has gone through.

An executor can only claim for things like postage, phone calls, mileage, etc - only out-of-pocket expenses. He/she can't charge for the time spent dealing with the estate unless they are doing it as part of their job, like a solicitor.

If this is the only account your Nan had then other things like funeral costs, probate charges, repaying any overpaid benefits, paying utility bills, etc, and the costs involved with selling the house will all have to be paid from it as well.

madbadrob

Mojisola wrote: »

An executor can only claim for things like postage, phone calls, mileage, etc - only out-of-pocket expenses. He/she can't charge for the time spent dealing with the estate unless they are doing it as part of their job, like a solicitor.

If this is the only account your Nan had then other things like funeral costs, probate charges, repaying any overpaid benefits, paying utility bills, etc, and the costs involved with selling the house will all have to be paid from it as well.

Unless the will specifically states that the executor can take a reasonable amount to offset the time spent dealing with the estate.

Rob

partialycloudy

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dzug1

Nothing should have come out of that bank account - it should have been frozen on death.

The expenses of winding up the estate, funeral, etc, should have come from other assets - I'm assuming there must have been some

OTH beneficiaries taking too much notice of estimated figures being bandied about out of context can be misleading - and a good reason why many executors stay stumm until they are finished.

I doubt if he's taking the mick - more likely ignorant of what he should be doing