Unsure what to do RE: beneficiary/will

danievette

I was wondering if I could get some advice. I have (very good) reason to believe I am named as a beneficiary in will. Sadly; the person passed aged 58 (actually under very sudden circumstances) on October 31st. I have since spoken to the executor via email sporadically, but we were in a state of shock mostly. I also couldn't attend the funeral due to COVID so we talked about that too. It was mostly just logistics chat. I have yet to hear anything regarding the will (now Jan 2022) but the executor has been in touch to check in/ask how I am since the funeral. I too asked the same. Since my recovery; I'm starting to wonder if I am no longer named in the will and also - is 10 weeks since the passing too soon to expect to hear anything regarding whether someone is a beneficiary or not? I have no idea how this process works. All I know is that they are waiting for court approval. Would they be expected to contact beneficiaries after the court approval - or upon the person's passing? I wouldn't have thought the former - but you never know.

Keep_pedalling

10 weeks is a very short time in the probate process and an executor that’s no obligation to keep beneficiaries updated of progress. If you are named in the will and property is involved then it would not be unusual for the process to drag on for a year.

danievette

Thank you for your response. I'm aware the process could drag on for a year - or more even. My question was not about receiving anything 2 1/2 months into the process - but more if 2 1/2 months is too soon to even merely be notified as a beneficiary? Not even for an 'update' as such - just to simply be told. 

enjoyyourshoes

Why not merely ask executor if you are a beneficiary? Or do it in a roundabout way !?

Flugelhorn

one think that can happen is that the executor is finding the estate complex / there may be debts etc - there may not be anything to pay any beneficiaries anyway - they possibly need quite a bit more time yet to sort it out 

danievette

It would be easier if the estate was small! There is a home in Italy too so I can see how that might complicate things.

Marcon

danievette said:

I was wondering if I could get some advice. I have (very good) reason to believe I am named as a beneficiary in will. Sadly; the person passed aged 58 (actually under very sudden circumstances) on October 31st. I have since spoken to the executor via email sporadically, but we were in a state of shock mostly. I also couldn't attend the funeral due to COVID so we talked about that too. It was mostly just logistics chat. I have yet to hear anything regarding the will (now Jan 2022) but the executor has been in touch to check in/ask how I am since the funeral. I too asked the same. Since my recovery; I'm starting to wonder if I am no longer named in the will and also - is 10 weeks since the passing too soon to expect to hear anything regarding whether someone is a beneficiary or not? I have no idea how this process works. All I know is that they are waiting for court approval. Would they be expected to contact beneficiaries after the court approval - or upon the person's passing? I wouldn't have thought the former - but you never know.

If someone has died just over 2 months ago, it is far too soon for the executors to have made much progress on applying for probate, or even sorting out the estate's assets. It is also far too soon to expect to hear anything about any potential legacy - but that doesn't mean you can't ask the executors if you really need to know (or have just been overtaken by curiosity, as many of us are!).

If you don't feel you can ask, then you simply have to wait and possibly check every month or so if probate has been granted: https://www.gov.uk/search-will-probate Once probate has been granted, you can download a copy of the will for £1.50, but be aware there can be a time lag between granting probate and the relevant documents appearing on the website. Keep in mind too that probate is a step in the process, not the green light for executors to distribute everything instantly. People are fond of referring to the mythical "executors' year", but in reality these things take as long as they take.

theoretica

Are you in a position to offer assistance if needed? 

Do you think you are a residual/major beneficiary or were left a fixed sum?  I may be misremembering from years ago, but think I once had no contact and then solicitor executors for an elderly relative sent me a cheque for a fixed £1000 well after she passed away with a receipt to sign and return. 

kazwookie

In a nice way just ask them if they can email you over a copy of the WILL, also ask them to confirm if you are to benefit.

At the same time ask if there is anything you can do to help.

Keep_pedalling

The foreign property does rather complicate things, and makes the executors job much harder. They will almost certainly need to employ legal help in Italy. 

Flugelhorn

Keep_pedalling said:

The foreign property does rather complicate things, and makes the executors job much harder. They will almost certainly need to employ legal help in Italy. 

I agree - I had a friend who was written out of her father's will in the UK but this was not valid in the european country where he owned property and that was dealt with under local intestacy. This is likely to take ages