quick question

cypher007

found out my Dad died in 2012 last year. no probate done. cut a long story short did probate and checks for will. so then got about £9,5k back from the bank that my step brother had obtained from the bank using an indemnity form. also got £5.8k from a life insurance policy. also put Dads house in my name.


now the step brother has come up with a will hes been sitting on since 2012, and is about to get probate.


what do I do now? do I wait for the bank and insurance to contact me or have I goto contact them?

getmore4less

Did you get a grant as intestate last year?

if not how did you get the house transfered.

if you did get the grant AIUI it will be hard for him to get that overturned.

whats in the will?

Keep_pedalling

Who is the executor?

cypher007

I was granted under intestacy. While everything was being sorted with the bank he sends me a letter claiming the estate with a will. I carried on sorting things out as I assumed it was a rouse. But now it seems the probate office is taking it on face value and not asking why he didn't probate for 2.5 years.

He sent this letter after claiming he replied to my first letter with a copy of the will. Well before this I did send a second letter recorded but he refused to sign for it after 2 delivery attempts. So assumed he was up to something. It wasn't until I sent a third letter asking him to vacate the property that he sent the copy of the will and a copy of the supposedly sent first letter.

Also the solicitor who did the first will for my step mother also said no will until I sent a copy of her will. Then they changed there tune and said they had a record of 2 wills.

getmore4less

I would have a google around , read many time that once a grant is issued it is difficult to have that nullified and a new one issued.

I think it has to go to the court to have it revoked(rules for practice direction section 57 cover probate issues)

there have been threads on here where people have been unable to get a grant changed once someone(other than those that should have got ) else got it before them and they have a will.

Cheeky_Monkey

Do you think he has written a Will leaving everything to himself and forged your dad's/witnesses signature?

Keep_pedalling

Sounds like you need legal advice. Where abouts in the UK did your father reside?

cypher007

He was in england.

Im not sure on the will front. The copy ive seen leaves to the deceased step mother first then him then his girlfriend.

The probate office has asked for my letters of admin back, stating its because hes produced a will. I said have you checked it. They said they dont check for fraud. If it looks right they pass it.

My biggest concern is the money i may now ow the bank and inaurance. What would you do?

Yorkshireman99

cypher007 wrote: »

He was in england.

Im not sure on the will front. The copy ive seen leaves to the deceased step mother first then him then his girlfriend.

The probate office has asked for my letters of admin back, stating its because hes produced a will. I said have you checked it. They said they dont check for fraud. If it looks right they pass it.

My biggest concern is the money i may now ow the bank and inaurance. What would you do?

Go to a solicitor. Also lodge a caveat.

Keep_pedalling

It's not a case of passing it, unless there is a challenge a will will lead to probate. If you think there has been some fraud then it's up to you to challenge the will, the first step of this would be at lodge a caveat with the probate office.

It certainly seems odd that the will has turned up so long after a death, and that it cuts you out and puts a step son's girlfriend ahead of you, but you seem to have been estranged from him so maybe there is a reason he left you nothing.

I would do nothing about contacting the bank or insurance company, but don't spend any of it as you may well have to give it back.

First thing Monday morning I would be contacting a solicitor for advice.

Keep_pedalling

Do you know who the executor and witnesses are?