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not letting granddaughter see will
Comments
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Was that just a life interest or if she lived in it for just a day it became hers outright?
whats the house worth?0 -
getmore4less wrote: »Was that just a life interest or if she lived in it for just a day it became hers outright?
whats the house worth?
Hmm not sure, the will just states she has the right to live in the house rent free,but pays all outgoing.
( the will was done at a solicitor who has since retired)
House worth £150k ish ( northwest uk )Jane x0 -
If you friend has a valid copy of the will, then I think she should try the Probate Office first. They will not (I believe) get involved in disputes, but they will be able to direct her as to how to handle it.
I would then look for whoever provides free legal advice in your area - most places have a CAB, Welfare Law Centre or something similar. look on your council's website or ask in the library.
You can also get 30 minutes free legal advice from some solicitors (I can't remember the exact procedure) - but definitely contact the Probate Office first so she has as much information as possible.
What this comes down to is who has the valid will? So however upset your friend is feeling, she can try to distance herself from all the fuss, lodge a caveat (see above on getting help) and go through prper procedure.
And I agree that you should take no notice of 'a friend in the police' - I cannot imagine a serving police officer getting themselves tied up in this, and even so they know the law as it relates to their job. This kind of stuff they really only know the same as any informed individual.0 -
And I agree that you should take no notice of 'a friend in the police' - I cannot imagine a serving police officer getting themselves tied up in this, and even so they know the law as it relates to their job. This kind of stuff they really only know the same as any informed individual.
The laws governing probate come under the heading of civil law, and a police officer would generally only need to know about criminal law - And even then, only in so far as to investigate a case. Any detailed knowledge of criminal law would be for the CPS as they would be the ones putting it before a judge. But then, is this "friend in the police" actually a serving officer or just some civilian desk jockey ?
I find it hard to believe that a copper would know anything more about wills & probate beyond personal experience of deaths within his own family.Any language construct that forces such insanity in this case should be abandoned without regrets. –
Erik Aronesty, 2014
Treasure the moments that you have. Savour them for as long as you can for they will never come back again.0 -
Who paid for the grand-father's funeral if there's no money?
Your friend could just apply for probate with the will she's got, it will be free if she's on certain benefits. The problem would be what to put about her uncle, the joint executor, he would have to apply too on the same form or renounce, neither likely as he thinks he has a newer will. For all she knows the uncle may already be applying with his dodgy will so she needs to act swiftly.
What has happened to the grand-father's house, is it empty, secure? Is it insured?
Why did grand-father appoint two people who hate each other to be joint executors?0 -
It seems that the house is in the estate and has a value of £150,000.
The OP has an interest only in residing in the property but no pecuniary expectations that could be used to pay for a solicitor to protect her position.
If a "new" will has been made, then the executor (probably the uncle) will need to act as executor of it. Without probate it is unlikely that any disposal of the property will be possible.
The estate cannot have been left intestate unless a revocation of the first will exists.
A caveat can be registered against any probate application. Advice on how to do this can be obtained on line, or from the CAB or from a solicitor on the 30 free min "offer."
If a "new or amended" will does not exist then the OP would have a right to enter the property and reside in it and the sale cannot take place without her agreement..
On the hypothetical event,of the OP entering the property, it would be interesting to consider what advice or action would ensue from the uncles "friendly police officer." given the OP's knowledge of the contents and existence of the first will and the lack of knowledge of the existence of the "new" one.0
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