Executor won't share Will

clairby

My husband and his cousin have power of attorney for their Aunt who has dementia and is in a care home. When her late husband died in 2015 his sons (and the only executors) from his first marriage came to the house and took away his Will and other papers. Her property must be sold to pay for her care but her late husband is on the deeds as joint owner. We believe he may have made provision for his share to go to his sons but without seeing the will we have no idea. How can we see the Will? Do we need to take them to court? They have neglected their duties as executors surely?
Any advice welcome.

Robin9

If the late husbands will went for probate the will is in the public domain. 

Try gov.uk/search-will-probate

74jax

clairby said:

My husband and his cousin have power of attorney for their Aunt who has dementia and is in a care home. When her late husband died in 2015 his sons (and the only executors) from his first marriage came to the house and took away his Will and other papers. Her property must be sold to pay for her care but her late husband is on the deeds as joint owner. We believe he may have made provision for his share to go to his sons but without seeing the will we have no idea. How can we see the Will? Do we need to take them to court? They have neglected their duties as executors surely?
Any advice welcome.

If the husband and wife were joint owners then the husband share would go to the wife.
Sometimes people contact land registry to update, sometimes not.
When the uncle died, did the executors take the estate to probate? Did the Aunt get anything? 

RAS

Were aunt and uncle tenants in common or joint tenants? This affects whether aunt acquired 100% when her husband died or not.

And how would the rules of intestacy have distributed the estate?

Keep_pedalling

People in that situation usually have mirror wills so you could get a clue of what should have happened to his share from looking at her will. 

clairby

Robin9 said:

If the late husbands will went for probate the will is in the public domain. 

Try gov.uk/search-will-probate

The executors have never applied for probate. They literally took the Will and have sat on it ever since- 6 years now. There was lots of bad feeling as their late father had left his first wife, their mother, to be with my husband's Aunt. They subsequently married and were very happy but the sons never accepted it. 

clairby

Keep_pedalling said:

People in that situation usually have mirror wills so you could get a clue of what should have happened to his share from looking at her will. 

They didn't have mirror wills as their personal circumstances were different in that he had children and she didn't. His will was written by himself-he was a retired solicitor-and hers was managed by a different solicitor.

clairby

RAS said:

Were aunt and uncle tenants in common or joint tenants? This affects whether aunt acquired 100% when her husband died or not.

And how would the rules of intestacy have distributed the estate?

Tenants in common. Hence a proportion of his share 'possibly' being left to his sons. While Auntie was in better health she mentioned 'someone' ringing and asking her if she wanted to buy the share that had been left to them.
Oh if only it had been left intestate! So much simpler. She'd have inherited everything.

clairby

74jax said:

clairby said:

My husband and his cousin have power of attorney for their Aunt who has dementia and is in a care home. When her late husband died in 2015 his sons (and the only executors) from his first marriage came to the house and took away his Will and other papers. Her property must be sold to pay for her care but her late husband is on the deeds as joint owner. We believe he may have made provision for his share to go to his sons but without seeing the will we have no idea. How can we see the Will? Do we need to take them to court? They have neglected their duties as executors surely?
Any advice welcome.

If the husband and wife were joint owners then the husband share would go to the wife.
Sometimes people contact land registry to update, sometimes not.
When the uncle died, did the executors take the estate to probate? Did the Aunt get anything? 

At some point land registry was updated. Auntie's husband was a retired solicitor so we're assuming the will is fairly detailed. The exectors have never applied for probate. Its been 6 years now. They have ignored all attempts at contact. 

Keep_pedalling

If his will left her a lifetime interest, then I would imagine the sons will also want the house sold so they can get their inheritance so there is no sensible reason they would want to hold things up further. Has your husband actually tried to contact them yet?

clairby

Keep_pedalling said:

If his will left her a lifetime interest, then I would imagine the sons will also want the house sold so they can get their inheritance so there is no sensible reason they would want to hold things up further. Has your husband actually tried to contact them yet?

I agree...but both sons are very wealthy and any inheritance would be chicken feed I'm afraid. They're just being completely obstructive and childish. They ignore all attempts at contact.