Will Reading - 6 months on

navidson

Hello - hoping to receive a bit of advice about a sensitive subject
My father passed away unexpectedly 6 months ago today (this anniversary is the reason why this question is fresh in the mind today)
My mother passed away 27 years ago and my father remained single until about 8 years ago when he remarried.  My Stepmother remains living in the property and is believed to be the executor of the will (which I believe that my father did make a number of years ago)
My brother and I have received no information from my stepmother about any sort of will reading - is this something which is normally done quite soon after the death?  My brother is of the mind that my father's estate will just be bequeathed to his wife and there will no necessity for a reading - but even in that the will would need to be heard surely?

I feel quite uncomfortable instigating the conversation about this with my stepmother - should it be something that is communicated from her end and what sort of time period is standard?
Any advice as ever is much appreciated

Manxman_in_exile

There is no such thing as a "will reading" - that only happens in films and Agatha Christie novels.

Before probate is granted (if that is necessary) and the will is published, nobody is entitled to see the will* except the executor.

Nothing to stop the executor from telling family, beneficiaries and potential beneficiaries what is in the will though.  That would seem polite and couteous, but isn't legally necessary.

I don't see why you can't tactfully ask your step-mother what is in the will.  But I would not be too surprised if your brother turned out to be right.

*Barmy - ain't it?

xylophone

It is possible that your father and stepmother owned the property as joint tenants in which case it passed to her by survivorship outside any will.

If they owned as tenants-in -common, your father may have left her a life interest in possession but named other parties (possibly or even probably you and your brother).
https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

What is shown at the Land Registry in respect of the property?
Is there a Form A restriction?
You can make an enquiry here
https://www.gov.uk/government/organisations/land-registry

Any joint accounts will also pass by survivorship.

if the will has been probated, you can obtain a copy.

tps://www.gov.uk/search-will-probate

Pennylane

It is very, very rare for there to be a reading of the will.  My friend was a legal secretary all her working life and only knew of 2 occasions when there was a formal reading of the will.  

navidson

xylophone said:

It is possible that your father and stepmother owned the property as joint tenants in which case it passed to her by survivorship outside any will.

If they owned as tenants-in -common, your father may have left her a life interest in possession but named other parties (possibly or even probably you and your brother).
https://www.land-registry-documents.co.uk/information/joint-ownership-tennants/

What is shown at the Land Registry in respect of the property?
Is there a Form A restriction?
You can make an enquiry here
https://www.gov.uk/government/organisations/land-registry

Any joint accounts will also pass by survivorship.

if the will has been probated, you can obtain a copy.

tps://www.gov.uk/search-will-probate

Thanks Xylophone - I've just purchased the title register from Land Registry and it appears my father was the sole registered owner of the property - Not sure what that means in the grand scheme of things!

xylophone

Thanks Xylophone - I've just purchased the title register from Land Registry and it appears my father was the sole registered owner of the property - Not sure what that means in the grand scheme of things!

It means that the property belonged solely to him and that he had the right to leave it to his chosen beneficiaries (or beneficiary) in his will.

You are sure that your father made a will? If so, was this after his second marriage (or made in anticipation of marriage)?

As  the property is owned in his sole name, no transfer to a beneficiary can take place without a Grant of Probate/Letters of Administration.

You can check on Probate as above.

Are you on difficult terms with your stepmother?

navidson

xylophone said:

Thanks Xylophone - I've just purchased the title register from Land Registry and it appears my father was the sole registered owner of the property - Not sure what that means in the grand scheme of things!

It means that the property belonged solely to him and that he had the right to leave it to his chosen beneficiaries (or beneficiary) in his will.

You are sure that your father made a will? If so, was this after his second marriage (or made in anticipation of marriage)?

As  the property is owned in his sole name, no transfer to a beneficiary can take place without a Grant of Probate/Letters of Administration.

You can check on Probate as above.

Are you on difficult terms with your stepmother?

I believe that my father made a will a considerable period of time before his second marriage - I am unsure if that will was amended once he married for a second time
My brother and I have never been particularly close to our stepmother but the loss is still raw for all of us and it's probably too much of a delicate situation to raise a conversation about it

Flugelhorn

if the will was made before the marriage and not redone or done in anticipation of the marriage then it sounds like your father may have died intestate

xylophone

I believe that my father made a will a considerable period of time before his second marriage - I am unsure if that will was amended once he married for a second time

The facts need to be established.  

If your father made a will many years before the death of his first wife (your late mother), and did not make a new will in anticipation of his second marriage  or after his second marriage, then check rules of intestacy.

https://www.gov.uk/inherits-someone-dies-without-will

navidson

xylophone said:

I believe that my father made a will a considerable period of time before his second marriage - I am unsure if that will was amended once he married for a second time

The facts need to be established.  

If your father made a will many years before the death of his first wife (your late mother), and did not make a new will in anticipation of his second marriage  or after his second marriage, then check rules of intestacy.

https://www.gov.uk/inherits-someone-dies-without-will

I believe my father made the will after the death of my mother 

xylophone

I believe my father made the will after the death of my mother 

It seems likely that such a will would have left his assets (or the bulk of them) to you and your brother.

Regardless of whether or not this is the case,  ( and assuming Scots Law does not apply) if he   did not make a new will in anticipation of his second marriage (or a new will after his second marriage), then it seems that he will be regarded as having died intestate.

See http://advisingfamilies.org/uk/information-portal/family-matters/getting-remarried-children-inherit/ but for £250,000 read £270,000 ( see Rules of Intestacy).