Advise regarding my sister please?

northernmonkey0_0

Hello All,

Ok so my sister lost her father recently and is having to sign all the legal forms required etc for the funeral and is the one named on the death cert as registering it.

Her father, was divorced from our Mum and she was still in contact with her Dad until the end.

He lived with another woman and remained unmarried until his death. After a bit of googling, I’m led to believe that my sister remains next of kin and as his nearest living relative would be the beneficiary if there is no will?

My sister has enquired about a will and has been told that there is one, but dispite numerous requests, it has not appeared. This makes me think that there is some shenanigans going on and I would like to know what we can do to try and prevent it?

There’s no house involved (that we know of) but there are some life insurance policies and cash at the bank etc.

I don’t want her made out to be only interested in the cash, but I’m determined that she doesn’t get taken for a fool.

The lady that he lived with was also present when the death was registered and has ordered multiple copies of the certificate, presumably to send them away to cash the policies in?

Is there anything we/she can do?

Flugelhorn

Just wondering if there are any policies that the friend tries to claim - the certificate names your sister as the informant and daughter presumably the insurance may then query whether the policy should go to the friend or the daughter.

Depends who the beneficiary of the policy was and also whether the money in the bank account was joint with the friend in which case it is hers.

Dox

Your sister recently lost her father, with whom she was 'still in contact'.

Your father's partner recently lost the man she lived with and loved. Maybe just give the poor woman a breathing space instead of egging your sister on to try and get her hands on any cash going? 'Numerous requests' sounds pretty excessive if the death was recent. If your sister isn't an executor, she isn't entitled to a copy of the will until probate has been granted, at which point it becomes a public document.

If there's a will and it is valid, well and good. If there isn't, or if the will does not provide for her father's partner, the partner could still make a claim under the Inheritance (Provision for Family and Dependants) Act 1975.

The policies may well specify who the beneficiaries are and these could be outside the estate. If your sister is named on any of them, the proceeds will normally be paid direct to her by the insurer.

Is there anything you/she can do? Possibly have a bit of patience.

northernmonkey0_0

Dox,

Whilst I think your reply was trying to be helpful, it was also extremely presumptuous!!

She was still !!!8216;in contact!!!8217; - my words, not hers. I wrote that because I realise that many family members no longer speak, whereas they certainly did.

I take issue with again your presumption that I!!!8217;m !!!8216;egging her on to get her hands on any cash going!!!8217;. Quite the opposite, I!!!8217;m trying to make sure that she doesn!!!8217;t get left out, as his only daughter.

The reason I say numerous requests is because she!!!8217;s been told that there is a will, which was apparently !!!8216;a form where you fill in the blanks!!!8217;.

As you rightly say, if people are named on policies then fair enough.

All I want is for her to be treated fairly, oh and if think for one minute that my sister didn!!!8217;t love her father then you couldn!!!8217;t be more wrong.

In actual fact, I take more of an issue with that than your extremely insensitive post suggesting that otherwise especially as I!!!8217;ve sent her the link to this thread for advise.

Keep_pedalling

The only person or persons entitled to see the will at the moment are the executors and that may not be your sister. Unfortunately as it seems he never spoke to her about the will It is likely that she is not the executor, and that his partner is.

northernmonkey0_0

Keep_pedalling wrote: »

The only person or persons entitled to see the will at the moment are the executors and that may not be your sister. Unfortunately as it seems he never spoke to her about the will It is likely that she is not the executor, and that his partner is.

Granted, and I get that.

But, how can it be proved whether there is a will or not? I’m aware that it only becomes public once things go to probate, but my understanding is that not every case does/has to go to probate?

Brynsam

northernmonkey0_0 wrote: »

All I want is for her to be treated fairly, oh and if think for one minute that my sister didn!!!8217;t love her father then you couldn!!!8217;t be more wrong.

In that case I'm sure she will understand exactly how sad and distressed his partner is feeling - and might well be feeling exactly the same way herself, and perhaps not yet ready to be pushed by her sibling (which, looking at what you've written, is what you're doing), however well meaning your intentions may be, into sorting out matters which can well wait a little while. If she isn't an executor, it's a waiting game anyway, as others have pointed out.

MovingForwards

Assuming England / Wales

https://www.gov.uk/wills-probate-inheritance/stopping-a-grant-of-representation

Only known of one being submitted during my career.

Tealblue

northernmonkey0_0 wrote: »

Whilst I think your reply was trying to be helpful, it was also extremely presumptuous!!

It's a bit rich to start squawking with indignation when someone has replied to your post based on the information you chose to supply. Using the details given by the OP doesn't 'presume' anything; quite the reverse.

You seem to have gone on the offensive rather early in the day. If the partner is the executor of the will (assuming there is one), she would be very wise not to disclose it so early in proceedings. Who knows what she might find in terms of the solvency or otherwise of the estate? Raising your sister's expectations that she might inherit, if the reality turns out to be there is nothing to inherit, is never going to be sensible, particularly with you banging the drum about 'not having her taken for a fool'.

Jumping to the conclusion that there are 'shenanigans going on' when there is zero evidence to support this sort of overreaction isn't helping your sister at all, at a time when she is going to be feeling very upset and vulnerable. The partner doesn't have to dance to your tune or leap to attention just because you think she should - show a little sensitivity.

Any sensible person gets copies of the death certificate when they register the death. It is a practical and cost-effective move and these are needed for all sorts of reasons, not just those you cite.

As you have said, the death was recent. It could be many months before your sister hears anything further about the will, if there is one. If there isn't a will, then she could always suggest to the partner that she (the sister) applies to administer the estate (the partner isn't eligible to apply for Letters of Administration) - which might be a way to move things on if your sister's heard nothing in, say, six months.

For now, perhaps a little decorum and sympathy might fit the bill.

YoungBlueEyes

I wouldn't be at all concerned that "multiple copies of the certificate" means something untoward is going on. They're needed for so many things by so many people/departments and they don't send them back.

When father died and we registered the death, the lady told us that the certificates are £x each but you can have 6 for £y, and the cost goes up if you want individual ones at a later date (I can't remember the amounts now). So I bought 12 'just in case'. I'm glad I did because I've only the one left now, and I couldn't tell you where they all went. This dept wanted one, then it got sent to the wrong person so could we have another please etc etc. Like that.

Really nothing to worry about on that score.

Also issues like I've just described take up quite a lot of time. They (DWP/pensions/councils/banks/insurance/dvla etc) deal with so many people it's naturally a slow process, even though you're thinking "yes but it's only a letter, why haven't they replied yet?!" It goes as it goes, you have to slow down to match it.

If you/your sister do conclusively find that something funny's been going on, that's the time to come back here for advice, or instruct a solicitor. But you're not there yet

tealady

Hi
Your sister could ask her local Council about the "tell us once" scheme.
I understand that the person doing the notifying doesn't have to be NOK (happy to be corrected if wrong).
This could be of help to the bereaved partner, has your sister sat and had a chat with them and offered to help?
Sorting out after a death takes time (I know of someone who is just finalizing stuff 8 months after a death and they were the nearest relative)