Will/probate advice

brooke68

My husband's stepfather died very recently. The relationship had been strained the the death of my m-i-l ten years ago, dwindling to emails and birthday/Christmas cards. We received a phone call informing us of his death and also to let us know that our two children are beneficiaries, although the exact content of the will was not disclosed.
My son is over 18 but my daughter is not so her share will be put into trust. The house contains many personal items belonging to my husband from his childhood and to his grandparents which the family would like to have. My f-i-l had been seeing someone else, who I assume would have had a key to his house. Is there any legal ruling preventing her from going into the house and taking anything she wants? Are my children entitled to see a copy of the will?
We have never been in a similar situation so we feel at the mercy of people we don't know at all and obviously want to protect our children's interests as well as obtaining the sentimental items that are in the house.
Any information very gratefully received. Thank you.

Yorkshireman99

brooke68 wrote: »

My husband's stepfather died very recently. The relationship had been strained the the death of my m-i-l ten years ago, dwindling to emails and birthday/Christmas cards. We received a phone call informing us of his death and also to let us know that our two children are beneficiaries, although the exact content of the will was not disclosed.
My son is over 18 but my daughter is not so her share will be put into trust. The house contains many personal items belonging to my husband from his childhood and to his grandparents which the family would like to have. My f-i-l had been seeing someone else, who I assume would have had a key to his house. Is there any legal ruling preventing her from going into the house and taking anything she wants? Are my children entitled to see a copy of the will?
We have never been in a similar situation so we feel at the mercy of people we don't know at all and obviously want to protect our children's interests as well as obtaining the sentimental items that are in the house.
Any information very gratefully received. Thank you.

Taking any items from the house without proper authority is straightforward theft. Until the will is admitted to probate there is no legal right to see it but you can always ask.

brooke68

Yorkshireman99 wrote: »

Taking any items from the house without proper authority is straightforward theft. Until the will is admitted to probate there is no legal right to see it but you can always ask.

Thank you. Do you have any idea how long probate is likely to take?
We don't even know the details of the solicitor.

brooke68

Yorkshireman99 wrote: »

Taking any items from the house without proper authority is straightforward theft. Until the will is admitted to probate there is no legal right to see it but you can always ask.

Although, if she has a key, I don't suppose we would ever know if she had entered the property as we live quite some distance away.

Keep_pedalling

How do you know the house still contains these things after all these years of minimum contact?

You can ask for a copy of the will but there is no obligation for the executors to provide one. You can also ask for them to look out photos and other items with only sentimental value, however if the will leave the contents of the house to someone other than your children then you will be dependant on the generousity of that beneficiary.

How old is your daughter? If she is close to 18, buy the time the estate is wound up her share may not need to be put into trust, as with a house involved this could take 1 year or more especially if being handled by a solicitor.

brooke68

Keep_pedalling wrote: »

How do you know the house still contains these things after all these years of minimum contact?

Because the executor who phoned my husband told him she was aware that there were items in the house belonging to him. And because this was a man who never threw anything away. It's mainly photos, old cine film, letters, toys etc. My f-i-l 'fell out' with his wife's entire family after her death. Things got very unpleasant for a while and, given the nature of the relationship, I wouldn't put it past someone, who's only heard his side of things, to get rid of it out of spite or a sense of retribution.

Keep_pedalling

brooke68 wrote: »

Because the executor who phoned my husband told him she was aware that there were items in the house belonging to him. And because this was a man who never threw anything away. It's mainly photos, old cine film, letters, toys etc. but, given the nature of the relationship, I wouldn't put it past someone, who's only heard his side of things, to get rid of it out of spite or a sense of retribution.

Sounds like the executor is on the ball, so you are probably worrying over nothing. No one should have access to the without the executors say so.

brooke68

Keep_pedalling wrote: »

Sounds like the executor is on the ball, so you are probably worrying over nothing. No one should have access to the without the executors say so.

Hopefully, but the executor appears to be a friend of the new partner..

Mojisola

brooke68 wrote: »

Because the executor who phoned my husband told him she was aware that there were items in the house belonging to him.

Your husband should write to the executor saying that he wants to collect his belonging from the house and can they make arrangements to do that.

Keep_pedalling

brooke68 wrote: »

Hopefully, but the executor appears to be a friend of the new partner..

But he was also a friend of your FiL, and someone he trusted to manage his estate. From what you have said so far you have no reason to doubt his integrity, this is just unfounded suspicion.

As has been said your husband should contact the executor to ask for his possessions, but do it politely and without pressuring him / her, they have enough on their hands already without getting hassle from a disinherited son.