Help with estate

Mistaken

I have just phoned around local solicitors asking who holds the original will. All solicitors I called checked the files and said no except one. This one took my details and mums details then said they could not give out any information under the data protection act. They said I need to go to the house. I was very surprised at this response. How else can I find out who holds the original will? And why is this one solicitor being obstructive?

Yorkshireman99

missbiggles1 wrote: »

He isn't an "ex" partner, he's the elderly grieving widower and to suggest the OP tries to throw him out is nothing but callous and not what the mother would have wanted. If he has lifetime occupancy in the property he has rights, even if they can, in certain circumstances, be overridden.

I simply pointed out the legal position that certainly is not being callous though it may be hard to bear. Based on the information given his rights are overridden by those of the estate. It is, of course, an unfortunate situation but that does not alter the legal position. Whatever the deceased may have wanted we shall never know, and in any case the law has to be followed. It is not unusual for the law regarding joint accounts to catch people out. As others have said there is a solution which is for the ex partner (The correct legal term as he was not married so is not a widower) to use some of the funds, that were joint, to enable the estate debts to be paid. If he is unwilling to do so then the consequences are clear. The choice is his. As to the question of the true ownership of the money in the joint account at the DOD I don't think anyone can really say. The allegations of wrongdoing are rather flimsy and nothing approaching proof has been shown though it may be there.

RAS

Mistaken wrote: »

I have just phoned around local solicitors asking who holds the original will. All solicitors I called checked the files and said no except one. This one took my details and mums details then said they could not give out any information under the data protection act. They said I need to go to the house. I was very surprised at this response. How else can I find out who holds the original will? And why is this one solicitor being obstructive?

How do your know that you and bro are executors if you have not seen the will?

Yorkshireman99

Mistaken wrote: »

I have just phoned around local solicitors asking who holds the original will. All solicitors I called checked the files and said no except one. This one took my details and mums details then said they could not give out any information under the data protection act. They said I need to go to the house. I was very surprised at this response. How else can I find out who holds the original will? And why is this one solicitor being obstructive?

What did they want you to go to the house for regarding the will? Is is it possible your mother made a later will than the one you are aware of? The solicitor is bound by client confidentiality. I would ask them to confirm taht you are an executor.

Mistaken

RAS wrote: »

How do your know that you and bro are executors if you have not seen the will?

I have been told this by mum before she died and also by her partner recently. He has a copy of the will but will not show it anyone

Mistaken

I have been back to the solicitor that I thought had the will. They finally admitted not having it.


They did offer a bit of advice though. Said they could write to partner saying if he does not produce details of where the will is held we can proceed to probate assuming no will.


I will wait a few more weeks see if he decides to do the right thing and allow access to the will

Mojisola

Mistaken wrote: »

I have been told this by mum before she died and also by her partner recently. He has a copy of the will but will not show it anyone

You could tell him that, as you can't find the signed will at any local solicitors, you are going to apply for Letters of Administration and apply the intestate rules to the estate.

That means he won't have any right to stay in the house so you will be selling it.

If he starts to co-operate and can produce a current will that names you as executors, you can then apply for probate.

izoomzoom

Well, if the original Will is not produced, it might be beneficial to point out to Partner that your Mum's estate will have to be dealt with as interstate.

This means that it will pass to her children and if the Partner is not a tenant in common owner of the house, then it means that he will have no rights to stay there.

If he owned the house as a joint tenant, then I have to point out that the house is now his, (same process as joint bank accounts).

Poppy9

How old is your late mother's partner and how long had they been together? If he's quite shrewd i.e. he put her money in a joint account with him he may have had her sign over the house to him. If your mother was ill and not full aware of what was going on she may not of realised he did this.

Yorkshireman99

Mistaken wrote: »

I have been back to the solicitor that I thought had the will. They finally admitted not having it.


They did offer a bit of advice though. Said they could write to partner saying if he does not produce details of where the will is held we can proceed to probate assuming no will.


I will wait a few more weeks see if he decides to do the right thing and allow access to the will

I would not wait that long. Be firm but polite an tell him you will apply for Leetrs of Administration in 14 days. Get the paperwork and complete it so you are ready to do so. This may convince him you are serious. You really have to be very hard nosed in these circumstances.