Grandfathers Will, help.

Jj212

So husbands Grandad has left him and his estranged father a 50/50 split of his estate, The Willis held with a local solicitor who have since told us we need to go in and sign papers to release the will. Father is saying “Will is being read at his house on Friday”, no solicitors involved and is also saying we can’t get probate without the house being sold.
I’m pretty sure the father is talking rubbish. Am I right?

Browntoa

Probate is required for all assets

https://www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will

lisyloo

Who is the executor?

It sounds like it’s the wrong way round.
Probate will be required to sell the property (if it’s only his grandfathers name on the deeds).

Flugelhorn

solicitors are not involved in "reading of the will" - that is something from films and novels.

What is important is that you look at it with your father and note who is the executor(s) as they will be the one(s) applying for probate.

probate is what enables the executors to act to collect and distribute assets, you won't be able to sell the property without it

maman

Flugelhorn wrote: »

solicitors are not involved in "reading of the will" - that is something from films and novels.

What is important is that you look at it with your father and note who is the executor(s) as they will be the one(s) applying for probate.

probate is what enables the executors to act to collect and distribute assets, you won't be able to sell the property without it

Sounds like the grandfather left his will with the solicitor but someone must have a copy or seen one or going on word of mouth to know about the 50:50 split. If they have a copy (the final one which is probably with solicitor) then they can read it on Friday (or any other day), find out who the Executors are and apply for probate.

Jj212

Thanks for the replies.
My husband, his estranged father and his wife are the executors. We thought as much, that probate was needed for house sale.
Now the father is trying to get us to deal with his small family solicitor instead of doing probate ourselves.

Does anyone know. Once probate is through and monies are distributed, does the money get handed to the executor to deal with and distribute or do cheques get given put to each beneficiary? We hate to think that lol the money will go into the fathers account as we doubt we would see it again.

Flugelhorn

Jj212 wrote: »

Thanks for the replies.
My husband, his estranged father and his wife are the executors. We thought as much, that probate was needed for house sale.
Now the father is trying to get us to deal with his small family solicitor instead of doing probate ourselves.

Does anyone know. Once probate is through and monies are distributed, does the money get handed to the executor to deal with and distribute or do cheques get given put to each beneficiary? We hate to think that lol the money will go into the fathers account as we doubt we would see it again.

money goes to the executor, say in closing an account or selling a house - the bank / conveyancers are not at all interested in the will and who the money should go to, there may be debts to pay etc. It is just paid to the executors

I managed to open an executors account that all the money was paid into though I know some people have struggled to do this - in your case could be very useful as your husband can have access to see what is going in and out of the account

Pennywise

"Reading of the will" is usually where it's held by the solicitor and the solicitor is the named executor - i.e. they are in complete control.

As said above, you need to find out who are the executors - they're the ones in charge. Hopefully it will either be the solicitor or be jointly your OH and his father, so your OH has as much right as his father and can't be steam-rollered - they'll have to work together. Best case would be the solicitor as it will avoid the family fall-outs.

lisyloo

I would take the offer of the solicitor.
It will cost a bit more but it will all be above board.

chesky

Why wait until Friday? Nip round to the solicitors ASAP, view the will and appoint him or her to act for you, explaining the family situation.

konark

Three executors can be a world of pain, everyone will want all 3 of you to sign everything. Fine if you're conjoined triplets, not so good if you are 'estranged'.



Father sounds like he has a complete ignorance of anything to do with probate and will be a total liability.


Don't often say this but ' leave it to a solicitor', get quotes first mind!