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

getmore4less

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 she thought she was an executor why did she not start her duties last year?


if it is just the house to be concerned about then you need to establish the original ownership.

How much was it worth? (may be significant if high enough and the estste is treated as intestate)

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

did the house really belong to both of them or just GD.

based on that description of the will
if just GD owned the place, then GM would not own any of it just the 4 kids

If both was it joint or tenants in common(TIC).
if joint then GM owns the lot(there was nothing to will).
if TIC(say 50:50) then each kid own 1/8th GM still has her 1/2


check the land registry.

Yorkshireman99

If he was a client of Dunbars there might be substantial funds as well as the house. These could be in a single or joint account. It sounds like a real can of worms.

Cheeky_Monkey

If your Grandpa made the Will 20 years ago, how do you know that he didn't subsequently make a new one between then and now leaving everything to his wife/partner (your step-grandma)?

TW1234

Cheeky_Monkey wrote: »

If your Grandpa made the Will 20 years ago, how do you know that he didn't subsequently make a new one between then and now leaving everything to his wife/partner (your step-grandma)?

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or, indeed just revoke it by destruction, and as claimed by his wife?
Were they married, as intestacy rules would be different if they were just in a partnership.

MicheD

Thank you all for your helpful messages. We have now been able to establish that AD/Zurich have never had a will in their archives for my Grandpa, therefore we no longer need to explore this avenue. My mother received a call from her step sisters husband to advise if she has any further queries to contact him. My mother is going to the solicitors today to see if they can advise where we go from here. My mother has only started looking into this now as the house is on the market. She did not actively do anything regarding the house and the will at the time of my grandpa's death as her step mum was still living in their marital home. However, now that the house is on the market this obviously changes things. Can we legally request the step family to prove what the wishes were of my Grandpa (I appreciate that he may have changed/updated the will and not told my mother or uncle)?

Yorkshireman99

MicheD wrote: »

Thank you all for your helpful messages. We have now been able to establish that AD/Zurich have never had a will in their archives for my Grandpa, therefore we no longer need to explore this avenue. My mother received a call from her step sisters husband to advise if she has any further queries to contact him. My mother is going to the solicitors today to see if they can advise where we go from here. My mother has only started looking into this now as the house is on the market. She did not actively do anything regarding the house and the will at the time of my grandpa's death as her step mum was still living in their marital home. However, now that the house is on the market this obviously changes things. Can we legally request the step family to prove what the wishes were of my Grandpa (I appreciate that he may have changed/updated the will and not told my mother or uncle)?

If you grandpa did no leave a valid will the hee the intestacy rules apply Did anyone appl;y for LOA and administer the estate? You cannot force anyone to provide any proof as you suggest.

securityguy

Yorkshireman99 wrote: »

You can force anyone to provide any proof as you suggest.

Only by formally disputing the will or the grant of letters of administration. Executors or holders of letters of administration don't have to justify themselves to third parties, and indeed would be unwise to do so given such enquiries are likely to be precursors to legal action.

Yorkshireman99

I corrected my post to say cannot. I might be possible but very difficult.