Sister won't show will

Welshwoman

We are four sisters whose parents died within 29 days of each other in April. The elder sister did everything in her power to stop the two younger sisters from playing any part in the funeral including not allowing us in the family car. We did not expect anything from the will but now we have been told that my mother named the two elder sisters in the will and specifically stated that the two younger sisters should have nothing despite her solicitor repeatedly asking her if she was sure. We have also been informed that prior to her death my mother stated that 'she only had two daughters'. It's because of this last statement that we want to see the will, we have asked but received no response and I sent an official letter stating that if we didn't hear within 8 days we would seek legal advice and still nothing.

My parents didn't have any property so there will be no probate and although there's lots of advice on the web about probated wills I can't find anything about wills that don't need probate. Is there a way we can get to see the will? I am in treatment for cancer so am not working at the moment so I can't afford a solicitor and although we took the attitude that they could keep the money this has now moved on and is emotionally quite destroying especially as we had a good relationship with our mother whilst my mother told both of us separately and repeatedly that the elder sister bullied her.

Any advice would be so gratefully received - thank you.

hcb42

If there wasnt any property, do you know what the total estate was worth, if anything?

Welshwoman

I know there were three insurance policies.

Marktheshark

You can buy a copy of the will from the probate office.

TonyMMM

Marktheshark wrote: »

You can buy a copy of the will from the probate office.

Only if it goes to probate.

Insurance payouts may not form part of the estate. .. depends on the wording.

FreeBear

Welshwoman wrote: »

Is there a way we can get to see the will?

Short answer - Unless you are named as an executor, there is no legal requirement (that I know of) to show you the will.

If you have concerns surrounding the circumstances of how the will was drawn up and perhaps have questions about its validity, you can enter a caveat. This would give you opportunity to conduct some investigations before committing to (expensive) litigation - Google for "Larke v Nugus statement", and find yourself a solicitor that will give you half an hour or so of free advice. You may find a local and free legal advice centre - We have one in town staffed by volunteer solicitors open for a few hours each week.

konark

Who died first , your father or mother? Sometimes there are clauses in wills that stipulate a beneficiary must survive the deceased by 30 days for the bequest to happen.

Just because there is no property doesn't mean probate is not needed, any estate over £5,000 must go to probate (unless there is a surviving spouse) and it is likely that the insurance policies were not 'nominated' and will form part of estate. Without someone applying for probate it will be very difficult for you to know the contents of the will, although if you were a beneficiary the solicitor should have told you.

The thing I don't understand is that you state you had a good relationship with your mother yet she not only cuts you out of her will she denies your very existence!

Welshwoman

Thank you for the advice.

I agree about your last comment and I honestly don't believe my mother would disown us. At my father's funeral she said she wanted her four girls with her in the car despite older sister demanding otherwise. I did tell my mother to make sure her voice was heard about my father's funeral and she said it was easier just to keep quiet and let oldest sister have her way.

But whilst I believe my mother wouldn't do this my sister who was also 'disowned' is heartbroken as are her children because they loved their granny and can't believe they would do this to her.

Also, my mother shared her jewellery amongst all of us and nominated pictures for us all to have (no real value) and whilst the jewellery was shared out prior to the funeral we have not been allowed any momentos from our childhood.

dancingfairy

Welshwoman wrote: »

we have been told that my mother named the two elder sisters in the will and specifically stated that the two younger sisters should have nothing despite her solicitor repeatedly asking her if she was sure. We have also been informed that prior to her death my mother stated that 'she only had two daughters'.

Who exactly told you this? Was it one of your sisters or a close relation to them (partner or similar)?
Do you know who did your mothers will? Can you ask the solicitors for a copy?
Have you checked with the probate office to see if a will has been lodged/probate applied for anyway?
What do you want? Is it the keepsakes, the money, recognition that you and your other sister were important, a sense of justice? to try and keep a relationship with the poisonous sister? (obviously it doesn't matter to us what you want but you may find it helpful to consider what is important in all of this).
I can't believe how some people can be towards members of their own family, what drives them to behave like this? You don't need all this on top of your grief
df

Welshwoman

We were told by the elder sister. We don't know who did the will, we know absolutely nothing. I've checked the Probate Office and there's nothing there. In regards to what we want first and foremost it's the recognition that our mother didn't regard us as non-daughters, secondly it's the keepsakes (the particular thing I want has a value of less than 50p).

We can't believe they've behaved this way either and we're so surrounded by anger that we haven't started to mourn properly yet.

Had a bad night last night where I was contemplating suicide until my fantastic neighbour talked to me. I've worked my backside off trying to beat cancer and the fight had become pointless because there's always another battle waiting for you.

I'm trying to second guess what my mother would have wanted and whilst she would have hated the fighting I think she would have hated the stuff the sisters have said more.

Thank you for your kind words

WestonDave

Not sure whether this helps but it may do. Given the clearly unpleasant piece of work that your older sister is, if the will stated that the two younger sisters were effectively disowned, she would no doubt have produced the evidence of this in the form of the will. The fact that it has been kept close to her chest, to me proves that your mother had no such views. I would therefore take that as a starting point in remembering your mother and whilst it would clearly be good to get the mementos etc, the reality is that your unpleasant sister cannot negate the love your mother had for you even if she on occasion took the easy route to avoid confrontation with the older sister.