Complicated will situation.

meritaten

this site should give you the information you need to locate your grandmothers will.

http://wills.about.com/od/howtoavoidprobate/qt/How-To-Obtain-A-Copy-Of-A-Deceased-Persons-Will.htm

but as one of the executors your mum SHOULD have been given a copy. or is he not going through solicitors and doing the probate himself?
If your mum is unable to be an executor through ill health or any other reason - she can nominate someone else to take her place. my own mum did this and I took her place. the letter to the solicitor was quite simple.

Dear
I am unable to undertake the task of executor in the matter of A N Others Will and my Daughter Mrs Meritaten has agreed to represent me in this and has my authority to make decisions and to sign documents Per Pro (in my place). I hope this is agreeable to all parties.
signed


Meri's Mum

This meant that although mum didn't have to take on the work - she was kept informed of everything and knew that I would look out for HER interests.

mountainofdebt

securityguy has hit the nail on the head.....unless your grandmother put steps in place to safe guard your mum & sibling's share of the property (that is even if she was legal able) then the step grandfather can do what he likes with the property in his will......in fact he may have even been advised to update his will in light of your grandmother's death

btw I thought a will become a public document so your mum would be able to see the exact wording ....though what document did your mum sign? She didn't sign it as a witness did she????

Ballyhane

I paid £6 to get a copy of my grans will. All wills are available to the public by payment of the fee from the probate office. Looks as tho he can make a new will tho.

meritaten

you cant actually see the will as a member of the public until probate has been granted. this is too late for the OPs mum. as executor she MUST have a copy of the will. if stepgrandad is doing the probate himself then he will have to be approached for a copy.
if he refuses then she could contact the Probate service directly and explain her dilemma.
They are extremely helpful! never be afraid to contact them! Honestly, they were wonderfully helpful in another matter I was involved with.

mountainofdebt

meritaten wrote: »

you cant actually see the will as a member of the public until probate has been granted. this is too late for the OPs mum. as executor she MUST have a copy of the will. if stepgrandad is doing the probate himself then he will have to be approached for a copy.
if he refuses then she could contact the Probate service directly and explain her dilemma.
They are extremely helpful! never be afraid to contact them! Honestly, they were wonderfully helpful in another matter I was involved with.

But would he be allowed to administer the estate if he isn't an executor? Wouldn't the formal executors have to agree to him administering the estate ?

Having said that though I'm not convinced it would matter if the OP's mum did wait until probate,whoever applied for it....has already been said it's totally dependent upon the wording of the grandmother's will

grahamh138

Hi,

is there anyway that my dad can get out of his mutual will. His wife died and he has since found that she had been giving money to her family without any knowledge. He is of the opinion that her family have had there share and he wants to look after his two sons. all he wants to do is spend his own money and have a good life and treat his sons and grandsons without having to worry about them being liable to a third after he dies.

Mojisola

grahamh138 wrote: »

is there anyway that my dad can get out of his mutual will. His wife died and he has since found that she had been giving money to her family without any knowledge. He is of the opinion that her family have had there share and he wants to look after his two sons. all he wants to do is spend his own money and have a good life and treat his sons and grandsons without having to worry about them being liable to a third after he dies.

If it's a proper mutual will rather than a mirror will, no.

The only way he can redress the balance is to release capital and give it to his family while he's alive. Without knowing what the will says, it's difficult to say more. Another case of needing legal advice so that the will's exact wording can be looked at.