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No probate

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Hello

I am a little lost and was wondering if anyone has any advice. My late father passed away recently! He had cancer and he got married when he was very unwell! (1 year before he passed)
My father made a new will stating that he wished to leave money to myself, the new wife and his grandson. At this point he stated 3 executors, myself, the wife and her brother.
I fell out with the wife as I questioned her actions (she did some pretty weird things) this caused us to stop talking and subsequently as she was caring for my father, she made things pretty awkward and I didn't see him for 7 weeks, in them 7 weeks (when he was terminally unwell with cancer and couldn't even walk or talk) he went back to the solicitors and removed me as an executor, which I only found out after he had passed!
(Me and my father were very close, the only time I didn't see him was the 7 weeks)
As said my father passed recently, I asked his wife for a copy of the will, she said she would send me one, that was 2 months a go! I asked her if she would be applying for probate and she said she didn't need to?! My father always had money, he sold his house a couple of years ago and had a fair bit of cash!
Anyway my point is... if he didn't have anything, 1. Why make a will in the first place and 2. Why get me removed as an executor?
How can we know if he had anything if she isn't applying for probate? How do we know that she hasn't just transferred everything to herself? Is that it? If an executor says there's nothing and doesn't apply for probate, how do I know that she is telling the truth and hasn't just been fiddling with things?
If anyone has any answers to this I'd really appreciate it

Comments

  • Alter_ego
    Alter_ego Posts: 3,842 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    I guess he left it all to his wife.
    I am not a cat (But my friend is)
  • TonyMMM
    TonyMMM Posts: 3,423 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    If any property was held jointly ( check deeds via land registry? ) , and cash was in joint accounts then it could all pass to the wife without any need for probate. In effect he would have had no estate to leave.

    if you know which solicitors he used, you could speak to them (but they may not give you any info ...)
  • TBagpuss
    TBagpuss Posts: 11,236 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    It's possible that he changed the will to alter the beneficiaries as well as the executors. If eveythinggoes to the wife and it is a small estat eshe may not need probate, particualrly if there is no house.

    If you believe that he lacked capacity when he altered the will you could raise this. However, solicitors are usually very careful about this, particuarly wher ethe testator is old or frail or unwell

    Your best bet would be to try to mend brdged with wife / brother to see whether they are willing to let you have sight of the new will. You mentioned that you had asked for it and the wife said she would send it - I'm start with a friendly eminer that it hasn't arrived, and could she let you have a copy.

    Once you know what it says, you are in a better position to judge whether there is anything to be concerned about.

    It is possible to challenge a will but it is expensive and there are time limits for what you can do, so it you are seriously concerned go to see a solicitor who deals with contentious probate and get some proper professional advice
    All posts are my personal opinion, not formal advice Always get proper, professional advice (particularly about anything legal!)
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