Advice needed please Re: obtaining copy of will that didn't go to probate

MicheD

My Grandpa sadly died last year and he had previously advised my mother that he had written a will and left 1/2 the house to my mother and uncle. The other 1/2 was left to my step grandma's 2 children which is extremely fair. My mother and her step sister were made executors of the will. My mother has just found out that my step grandma now has the house on the market and is moving in with her daughter. My mother has contacted both to enquire about the sale of the house and has requested a copy of the will. She has been advised that they have "destroyed" it and that my step grandma was left everything and changed her will accordingly. I understand that as an executor my mother is legally permitted to view a copy of the will? The will did not go to probate as there was limited funds left and we have tried to contact the company who created and held the will however, they are no longer in business. Please can you advise how we can go about obtaining a copy of this will. We want to ensure my grandpa's wishes are honoured. Thank you in advance. Michelle

Yorkshireman99

MicheD wrote: »

My Grandpa sadly died last year and he had previously advised my mother that he had written a will and left 1/2 the house to my mother and uncle. The other 1/2 was left to my step grandma's 2 children which is extremely fair. My mother and her step sister were made executors of the will. My mother has just found out that my step grandma now has the house on the market and is moving in with her daughter. My mother has contacted both to enquire about the sale of the house and has requested a copy of the will. She has been advised that they have "destroyed" it and that my step grandma was left everything and changed her will accordingly. I understand that as an executor my mother is legally permitted to view a copy of the will? The will did not go to probate as there was limited funds left and we have tried to contact the company who created and held the will however, they are no longer in business. Please can you advise how we can go about obtaining a copy of this will. We want to ensure my grandpa's wishes are honoured. Thank you in advance. Michelle

If the original will has been destroyed then you can't get a copy. In which case your grandma can apply for letters of administration and distribute the estate under the intestacy rules. In the meatime have you checked the Land Registry to see if the property is registered and who the owner is? Depending on this the house might pass automaticly to grandma. How much is the house worth?

Mojisola

MicheD wrote: »

My Grandpa sadly died last year

She has been advised that they have "destroyed" it and that my step grandma was left everything and changed her will accordingly.

Did your Step-grandma die before or after your Grandpa?

Yorkshireman99

The OP said the step grandma is still alive.

Mojisola

Yorkshireman99 wrote: »

The OP said the step grandma is still alive.

Thanks! Didn't read the OP carefully enough.

If the will has been destroyed and the will writers are no longer in business, it's likely to be a fait accompli and that the step side of the family will be able to take over the house.

It happened in our family some years ago - the will was less favourable to the person who found the will and she destroyed it so that the intestacy rules had to be followed.

Yorkshireman99

Easily done! If the culprit has admitted destroying the will is that a criminal offence?

Skibunny40

So in the original will there was no provision for the step-Grandma to continue living in the house she shared with your Grandpa, or receive any inheritance? Or have I mis-read it?

Who owned the house - just your Grandpa or your Grandpa and step-Grandma together?

MicheD

Thank you so much for the responses. The house was owned by both my Grandpa and step grandma. My concern is that now that the house has been put up for sale and my step grandma is moving into her daughters home the proceeds from the sale will not be shared fairly and as per my Grandpa's wishes. I believe there is foul play taking place here as 3 separate people from the step family have given different accounts of the whereabouts of my grandpa's will. Initially the step daughter told us she didn't know where the Will was and that we could go and try to find it in my Grandpa's belongings. Then my step Grandma told us she had destroyed it and rewritten her will. Then we had a call from the step daughters husband to advise the house was owned by both and there was nothing in the will referring to my mother and uncle and he didn't know where it was. The will was originally created and held with Allied Dunbar and my Grandpa gave my mother a business card of the gentleman who had dealt with it. But this was 20 years ago and AD are no longer trading. Hence our difficulty of tracing the will.

Yorkshireman99

https://en.m.wikipedia.org/wiki/Allied_Dunbar

May help you trace them. Have you checked the Land Registry to find out who actually owns the house?

badmemory

Surely the will holding company whilst it may have closed down the documents will have been transfered to another company. That is what happens when solicitors cease business.

chesky

Do you know who he got to witness the will?