Was a grandchild a beneficiary in grandparents will?

family355

Hi everyone, 
I have been the legal guardian to my (half) sister since 2010 (she was 7 at the time). Our maternal grandmother died the same year. Uncle S knocked on our door and handed me £300 in cash stating it was sisters inheritance so I put this into her trust fund. A maternal cousin later said sister is a beneficiary of the Will with Uncle S & Uncle J so I applied online in 2013 to see the will however there was no will available. 

Deceased Grandmother jointly owned a property with her 2nd husband (& possibly has some land from deceased 1st husband-Maternal grandfather) 
Sister turned 18 in Feb and has been contacted by (our) mum. Mum has told her she was beneficiary to grandmothers estate. Uncle S died in March this year. 

I have again searched for the will online and there is nothing. 

I have searched deceased grandmother and 2nd husband’s house on the land registry and their is a restriction ‘ (18.09.2012) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered after the death of ******** without the written consent of the personal representatives of the deceased.’
I have also searched the land, Uncle S & Uncle J are named on this in a restriction. 

I have no real idea about wills and probate. Would she be able to view the will? Or would she have been contacted by a solicitor if she was beneficiary? 

Thank you for any information or advice you could share. 

sassyblue

Why did your cousin and mum think your half sister was a beneficiary? Did they see a will? My first point now would be to trace back from what they say. How much would the estate have been valued at back when your grandmother died?

xylophone

Who are named as the proprietors of the registered estate?
You could consult a STEP solicitor for an opinion.
https://content.step.org/step-directory

family355

sassyblue said:

Why did your cousin and mum think your half sister was a beneficiary? Did they see a will? My first point now would be to trace back from what they say. How much would the estate have been valued at back when your grandmother died?

I’m unsure whether it is hearsay/assumptions...Cousin is Uncle S’ daughter and made passing comments at the time ‘sister was left 1/3 of grandmothers half of the property’ ‘Sister’s 1/3 was instead of mums 1/3’ since then she hasn’t said a thing. 

I doubt mum has seen a will either, maybe she is/ was unhappy about being left out of the Will?! 

I’d guess the house maybe valued around £150k in 2010 based on similar sold properties. 

Husband *2 is still going strong so is it just that sister wouldn’t be contacted until the house sold or was she just never beneficiary in the first place?!

xylophone said:

Who are named as the proprietors of the registered estate?
You could consult a STEP solicitor for an opinion.
https://content.step.org/step-directory

Title absolute (House)

1(1998) PROPRIETOR: [*Husband*2] and [*Grandmother] of [*Address] 

2(1998) RESTRICTION: No disposition by a sole proprietor of the land (not being a trust corporation) under which capital money arises is to be registered except under an order of the registrar or of the Court.

3(2012) RESTRICTION: No disposition of the registered estate by the proprietor of the registered estate is to be registered after the death of [*Grandmother] without the written consent of the personal representatives of the deceased.

(Land)
Is extra complicated, there are 3 separate plots (in the same village but not next to the property above. Husband 1 were farmers so it is in connection with that and handed down to Husband*1 & his cousin in the 70’s. Husband*1 died in the 80’s. The cousin is proprietor with similar restrictions to above. Grandmothers name is not on any of them but Uncle S & Uncle J are named in a restriction on one of the plots. 

4 (2012) RESTRICTION: No disposition of the registered estate, other than a disposition by the proprietor of any registered charge registered before the entry of this restriction, is to be registered without a certificate signed by the applicant for registration or their conveyancer that written notice of the disposition was given to [Uncle‘s S & J]

Thank you for the advice of the STEP solicitor, this is very helpful. 

Marcon

family355 said:

Sister turned 18 in Feb and has been contacted by (our) mum. Mum has told her she was beneficiary to grandmothers estate. Uncle S died in March this year. 

Ask you mum how she 'knows' for certain that is the case.

You say you've looked online - just checking you are aware of this site (apologies if so), rather than relying on a bit of googling: https://www.gov.uk/search-will-probate

family355

Thank you @Marcon, I have used that site and even searched any near dates/maiden names/previous married name and there is nothing. I stated before I had searched online in 2013 in error as I actually wrote and received a reply ‘we have not been able to find any record of grant being issued to that estate’ 

I use the term ‘mum’ loosely. I have not had contact with her for many years, I am 15 years older than sister and she was placed in my care by social services.
Cousins & Uncles have also not had any contact her so made me wonder why both ‘sides’ albeit all maternal family members, seem to have said a similar thing after all these years?! 

sheramber

A maternal cousin later said sister is a beneficiary of the Will with Uncle S & Uncle J 
Have you asked the cousin what she knows about a will?
what do the uncles know about it?

family355

sheramber said:

A maternal cousin later said sister is a beneficiary of the Will with Uncle S & Uncle J 
Have you asked the cousin what she knows about a will?
what do the uncles know about it?

I haven’t asked the cousin since as I didn’t really think it was my place.  Uncles haven’t been in contact since but have ‘seen’ Uncle S passing by. 

Marcon said:

family355 said:

Sister turned 18 in Feb and has been contacted by (our) mum. Mum has told her she was beneficiary to grandmothers estate. Uncle S died in March this year. 

Ask you mum how she 'knows' for certain that is the case.

You say you've looked online - just checking you are aware of this site (apologies if so), rather than relying on a bit of googling: https://www.gov.uk/search-will-probate

It is a very good point how does she know? she brought it up with sister so what exactly would make her think this is the case?!-Thank you!! 

I guess I was trying to figure whether there could be any foul play as sister was a minor and living with me or whether it was just family gossip. I will ask the cousin and ask sister to ask mum and let’s see what’s said. 

theoretica

It is quite common that the second husband is left a life interest, so pay out can be very long delayed.

RAS

Hi, I'm struggling to understand the family structure based on your comments. But....

If your sister was Uncle S's daughter, did she attend his funeral, or have any personal relationship with his family? What understanding do the extended family have of the relationship of sister to the family? If she's not lived with them, was placed with someone outside the family and has had no contact, they might assume that she is "adopted" and no longer has the legal right of inheritance? 

And how is it that mother, presumably Uncles S's partner at some point, is also to inherit from the same grandmother?

family355

Hi RAS, 
Sorry, I will try to explain further. 

My half sister is now 18-same mum different dads. I adopted sister when she was 7 (it’s called a special guardianship order or adoption within the family unit) I am 15 years older than sister and was an adult at the time of adoption. She was removed from mums care by social services. 
Our cousin is Uncle S’ daughter. 

Uncles S & Uncle J are my mums brothers.
Grandmother to me, sister & Cousin is mother of ‘mum’ uncle S & uncle J.