Obtaining Will from Solicitor

chat01

Just following on from my earlier post regarding Tenants in Common, I have two questions that I would really appreciate some comments on before I proceed further:

1) A solicitor holds my step-mothers Will. The two Executors have passed (my late father being one and the most recent one to pass). I am not a beneficiary of the Will. If I have the death certificate (just found it in Dad's house but still can't find a copy of her Will) is the solicitor 'obliged' to give the Will to me on me presenting my ID&V (I collected my father's Will from their a few weeks back and so they 'know who I am').

2) If I am able to obtain the Will, my intention would be to inititally seek local legal advice in respect of how best to proceed with my late step-mothers estate (her 50% share in the house owned jointly with my father). Local - just because it is more convenient - I have a solicitors office opposite me at work.

Following this I expect I will have a number of courses of action:

a) appoint local solicitors to help with the settlement of her Estate..

b) appoint original solicitors to help with the settlement of her Estate.

c) proceed on a DIY basis (assuming I can apply to be the Administrator).

d) proceed along with one of (or both) grandchildren to be Administrators.

I have to admit that I feel duty bound by my role as an Executor (and beneficiary - and therefore I have a financial interest) of sorting my father's Estate out - but I can only do this when the 'marital home' is sold and therefore I am under the impression that Grant of Probate/Letters of Administration are required for 'both' sides and so I am keen to ensure that this progresses.

Any thoughts on the above and in particular about approaching the solicitor for the Will?

Many thanks.

getmore4less

Read up on "executor chain" to see if that applies.

getmore4less

chat01 wrote: »

Just following on from my earlier post regarding Tenants in Common, I have two questions that I would really appreciate some comments on before I proceed further:

1) A solicitor holds my step-mothers Will. The two Executors have passed (my late father being one and the most recent one to pass). I am not a beneficiary of the Will. If I have the death certificate (just found it in Dad's house but still can't find a copy of her Will) is the solicitor 'obliged' to give the Will to me on me presenting my ID&V (I collected my father's Will from their a few weeks back and so they 'know who I am').

2) If I am able to obtain the Will, my intention would be to inititally seek local legal advice in respect of how best to proceed with my late step-mothers estate (her 50% share in the house owned jointly with my father). Local - just because it is more convenient - I have a solicitors office opposite me at work.

Following this I expect I will have a number of courses of action:

a) appoint local solicitors to help with the settlement of her Estate..

b) appoint original solicitors to help with the settlement of her Estate.

c) proceed on a DIY basis (assuming I can apply to be the Administrator).

d) proceed along with one of (or both) grandchildren to be Administrators.

I have to admit that I feel duty bound by my role as an Executor (and beneficiary - and therefore I have a financial interest) of sorting my father's Estate out - but I can only do this when the 'marital home' is sold and therefore I am under the impression that Grant of Probate/Letters of Administration are required for 'both' sides and so I am keen to ensure that this progresses.

Any thoughts on the above and in particular about approaching the solicitor for the Will?

Many thanks.

Did you not understand what you were told in the previous thread?

sheramber

I think there are two scenarios.

The other thread is with reference to father and mother who are divorced.

This thread is with reference to stepmother and father.

Two different households with father in common