Father's Partner Refusing Will Access

Robin_TBW

My Dad suddenly died about a month ago. He died unmarried but with a partner of about ten years. He had previously told me that both him and his partner had decided to leave everything 50/50 to each of their respective children rather than to one another - He dies first and 50% gets pulled and goes to us. She dies first and 50% gets pulled and goes to her children.

My Dad's partner is now withholding this from us. She has been very difficult and unpleasant to my sister during a lot of the funeral planning, even threatening to get him cremated which was against his wishes. As next of kin am I entitled simply to holding a copy of his will? Unfortunately this area isn't one where I hold a great value of knowledge.

She has also apparently begun selling and getting rid of some of his belongings - also left to us.

Thank you anyone who can help at all. I'm looking to call her later so any statements I can read out to her could be helpful.

ameliarate

I am very sorry for your loss, it is hard enough without people being difficult!.

My understanding is (as my partner and I are not married) that you will be his next of kin and not her. Do you know who the solicitor is? I would contact them if you do.

g6jns_2

Robin_TBW wrote: »

My Dad suddenly died about a month ago. He died unmarried but with a partner of about ten years. He had previously told me that both him and his partner had decided to leave everything 50/50 to each of their respective children rather than to one another - He dies first and 50% gets pulled and goes to us. She dies first and 50% gets pulled and goes to her children.

My Dad's partner is now withholding this from us. She has been very difficult and unpleasant to my sister during a lot of the funeral planning, even threatening to get him cremated which was against his wishes. As next of kin am I entitled simply to holding a copy of his will? Unfortunately this area isn't one where I hold a great value of knowledge.

She has also apparently begun selling and getting rid of some of his belongings - also left to us.

Thank you anyone who can help at all. I'm looking to call her later so any statements I can read out to her could be helpful.

Sorry to hear of your loss. Sadly you have no entitlement to see the will until it is admitted to probate. Any of your late father's property now is under the control of the executor of his will. Th executor is legally responsible for the safe keeping of the items. Nobody but the executor can legally dispose of items. If there is no will then the partner is not entitled to anything. You need to establish if there is a valid will and who the executor is. Disposing of any items without authority is theft. Not an easy situation but his partner needs to be told.

g6jns_2

ameliarate wrote: »

I am very sorry for your loss, it is hard enough without people being difficult!.

My understanding is (as my partner and I are not married) that you will be his next of kin and not her. Do you know who the solicitor is? I would contact them if you do.

Just one thing to remember is that next of kin has little real meaning in this context. The will or laws of intestacy are the important things.

Robin_TBW

It is my belief she is probably the executor but the beneficiaries are myself and siblings. How will I know when things go to probate? Does this happen automatically? I want to get things going before she sells more of his belongings.

Mojisola

Was his will made by a solicitor? Do you know which firm he used?

Robin_TBW

Mojisola wrote: »

Was his will made by a solicitor? Do you know which firm he used?

No idea which firm unfortunately.

g6jns_2

Robin_TBW wrote: »

It is my belief she is probably the executor but the beneficiaries are myself and siblings. How will I know when things go to probate? Does this happen automatically? I want to get things going before she sells more of his belongings.

You can search for probate here

http://forums.moneysavingexpert.com/newreply.php?do=newreply&p=66757084

You can also lodge a request to be told when probate is granted. Until then there is little you can do other than write and tell her she will be liable if she sells things that do not belong to to her or are left to someone in the will.

Robin_TBW

g6jns wrote: »

You can search for probate here

http://forums.moneysavingexpert.com/newreply.php?do=newreply&p=66757084

You can also lodge a request to be told when probate is granted. Until then there is little you can do other than write and tell her she will be liable if she sells things that do not belong to to her or are left to someone in the will.

The link you gave is a link to reply to one of the posts above. Where can I lodge that request?

g6jns_2

Robin_TBW wrote: »

The link you gave is a link to reply to one of the posts above. Where can I lodge that request?

You need to contact the Probate Office and lodge a request with them. You can look on their website for the nearest office and phone them.

https://www.gov.uk/wills-probate-inheritance/overview

Google is your friend.

BobQ

Robin,

Some good advice above about checking probate and registering an interest.

My advice is to go and see a solicitor. A letter from a solicitor might make the partner more reasonable.

If you are correct about the Will then the partner will have to produce it for probate but there is no immediate hurry and even with a solicitor writing to the partner there is no right to have the Will until Probate is granted if she is the sole executor.

Equally there is no right to dispose of property But she may feel justified if the Will leaves her his personal chattels etc which is not uncommon when a house has been shared for 10 years.

Is it possible your Dad made a different Will leaving more to his partner?

Has it occurred to you that the partner may be distressed and/or concerned over her own situation having seen the Will. Does it perhaps mean that she will have to sell the house? Were there joint debts you are unaware of?

Disposing of property might suggest otherwise but people react differently to a death. Some want everything left as it was, others want personal positions out of the way immediately as they are painful reminders.

You believe the personal possessions were left to you but unless they are mentioned in the Will as passing to you (even as the residue) you may not have a right to them. It all depends on the wording.