not letting granddaughter see will

rockchick113

I'm trying to get advice for a friend.
A quick history of whats gone on. Friend is 33 does not work due to long term illness is ,lives in cheap rented house with rent arrears all that kind kind of stuff.
Her mum died 10 years ago and shes found it hard ever since. She comes from a big family( aunties,uncles) , whom none of speak to each other only to back bite and bicker. None of the family bothered with their mother and step father apart from my friend who was close to her grand parents,she looked after them and went everywhere together. The only thing to family could agree on is the house would always go to the niece(my friend). 2 years ago her grandmother died leaving granddad,my friend was always round at his house helping out etc granddad would come round to hers for teas etc. all very happy,until he was taken ill and given a few weeks to live,my friend was taken in hospital at same time.She Ended up on life support for 2 weeks ( lung problems). she was down as her granddad next of kin,while she was in hospital her uncle and auntie started coming round (who her granddad hated)
anyway upshot is Granddad died, no one told my friend, I found out by reading it in paper and I had to tell her(not a nice thing to have to do )
My friend has a copy of her granddads will stating she can have the house.( he also stated none of his step children had any rights to the house) But while she was ill her auntie and uncle( not nice people) have emptied the house,and will not let her near,telling her that her granddad changed the will before he died and shes not in it, they will not let her see the new will( if there is one)
They know she has no money and cant afford to go to a solicitor and they just riding roughshod over her taking advantage of her being vulnerable, Shes at a lose of what to do,without money she cant get a solicitor to fight this for her.
Off what I can make out is, they have a friend in the police who is helping them, he knows all the legal ways round wills etc.
All the rest of her aunties and uncles are not getting involved( its a nightmare )
I know this a long drawn out tale but I'm just trying to get across the story.
Any advice would be helpful.

Grumpelstiltskin

As long as it's England or Wales then you can obtain a copy.


https://www.gov.uk/search-will-probate

Flugelhorn

presumably the copy can only be got if they have actually got probate?

What would happen if someone applied for probate with a will that thought was the most recent but actually wasn't - would it be rejected ? how does that work?

Just wondering if the family are pretending he was intestate

elsien

I don't know a huge amount about it, but she could look at issuing a caveat, as a temporary measure.
https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

A friend in the police who know about ways round wills sounds like chinese whispers on top of chinese whispers to me. Best if she tries to ascertain the facts rather than speculate.

rockchick113

elsien wrote: »

I don't know a huge amount about it, but she could look at issuing a caveat, as a temporary measure.
https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

A friend in the police who know about ways round wills sounds like chinese whispers on top of chinese whispers to me. Best if she tries to ascertain the facts rather than speculate.

I know what you mean about Chinese whispers, But the uncle will not speak to her,everything is third party,I see it it as they are trying to scare her off,them knowing she as no way of fighting it and its working,she ready for just walking away.
I've told her to report it to the police as I see it as theft, so far shes waiting for a phone call from the police.
what can she do with a copy of the original will ?, i don't think for 1 min he made a new one will ( I'd known the granddad for 30 years he adored his granddaughter )
I find it so frustrating.and it not my family

poppystar

Who is/are the named executors in the copy of the will she has?

Was it drawn up by a solicitor? If so that might be a first port of call as to whether a newer will existed. OK, he could have gone to a different solicitors later but very often people will stick with the one they know.

rockchick113

poppystar wrote: »

Who is/are the named executors in the copy of the will she has?

Was it drawn up by a solicitor? If so that might be a first port of call as to whether a newer will existed. OK, he could have gone to a different solicitors later but very often people will stick with the one they know.

The granddaughter and uncle are executors,but he will not let her near the house and shes been told the will has been changed while he was in hospital.
which is convenient for them as she was in hospital at same time on life support.

Yorkshireman99

saxonman wrote: »

The granddaughter and uncle are executors,but he will not let her near the house and shes been told the will has been changed while he was in hospital.
which is convenient for them as she was in hospital at same time on life support.

In which case lodge a caveat that will prevent probate until the questions are resolved. If the testator was unconcious they could not make a new will.

gettingtheresometime

saxonman wrote: »

Off what I can make out is, they have a friend in the police who is helping them, he knows all the legal ways round wills etc.

As far as I know if a will is valid (ie signed and witnessed properly) then the only way to vary the terms is by a deed of variation and I would have thought that the beneficiary would have had to agree to the deed.


Sounds like they are trying it on with this 'friend' comment though whether the grandfather did make a new will may or may not be right.

unforeseen

If grandaughter has a will that is signed and witnessed then she ought to go ahead and start the probate process

That would instigate a 'put up or shut up' situation

rockchick113

unforeseen wrote: »

If grandaughter has a will that is signed and witnessed then she ought to go ahead and start the probate process

That would instigate a 'put up or shut up' situation

I've more or less said this. If she turned up at a solicitor with the will and explained the situation what would happen ? Plus this is where the problem might lie. The cost !!! The grandad had no money it was just the house,which he left as first refusal for his granddaughter to to live in. If she did not want to live there then it went to the uncle.