Trying to search probate/will

stevedresden

I'm trying to find a copy of a relative's will for my father using https://probatesearch.service.gov.uk/

But there is nothing showing up. In fact if I search for most of my deceased relatives, there are no records appearing. Why is that? Should not all deceased people show up here whether they had a will or not?

Sorry if I have missed something obvious. 

Flugelhorn

stevedresden said:

I'm trying to find a copy of a relative's will for my father using https://probatesearch.service.gov.uk/

But there is nothing showing up. In fact if I search for most of my deceased relatives, there are no records appearing. Why is that? Should not all deceased people show up here whether they had a will or not?

Sorry if I have missed something obvious. 

no they only show up if they had probate or LoA - not everyone needs this for example my father jointly owned everything with my mother so on his death there was no need for probate, this only happened when mother died and I had to manage the whole estate

Are you checking you are in the right year range  - that can cause some problems with that site? (if they are before 1996 it will on images at the bottom of the page) 

RAS

Have you checked the GRO indexes for their deaths.

Not everyone needs probate; unless they owned a house, shares or large bank accounts. If they  owned everything jointly with a spouse or partner, even that might not trigger probate.

stevedresden

RAS said:

Have you checked the GRO indexes for their deaths.

Not everyone needs probate; unless they owned a house, shares or large bank accounts. If they  owned everything jointly with a spouse or partner, even that might not trigger probate.

Yes - I can see the death(s) on the GRO, just nothing on the probate site. 

As the Probate site says "Search probate records or find a will" - I assumed that it would cover everyone who had died, whether they left a will or not

It's an awkward situation - the deceased was my father's sister. They were estranged for the last 20 years, but prior to that we know that my sister was included in her will (as her God Daughter - she had no children of her own). Our suspicion is that she later changed the will, but we don't know for sure. Her husband is still alive but refuses to speak to us

Prior to this, when their parents died - she unilaterally appointed herself executor of their estates and took everything. My father received nothing and has none of his parents possessions, or any share of the proceeds from their estate

Is there any way we could get a copy of her will? At this point it's not about the money, but the sentimental possessions of his parents that her husband will likely just do nothing with. When he dies, we have no idea what will happen to that stuff

Grumpelstiltskin

Just  to check, she did live in England or Wales?

poppystar

If it hasn’t needed to go to probate, which is very likely given there is a surviving spouse, then there is no way of knowing if there was a Will or its contents. Other than request any family items from the husband there is nothing you can do sadly. 

How recent was the death? Probate, where it is needed can take months to obtain, so if it is recent then you can keep looking. 

RAS

You need to go back a stage or two.

No-one can appoint themselves the executor of their parent's estates.

IF the parents died without making a will, then it is possible that your aunt obtained probate as an administrator. Or that she was able to access their accounts just by going to the bank, showing the death certificate and signing that she was NOK.

It would have been equally possible that your father could have administered the estate in this situation, as all children have an equal right to administer an estate. Or he could have contacted the banks, sorted out the house etc.

If your grandparents left wills, and probate was obtained, your aunt was probably named as the executor by them.

So check whether there is any record of probate or administration for your grandparents. Bear in mind it could have been granted some years after they died.

stevedresden

RAS said:

You need to go back a stage or two.

No-one can appoint themselves the executor of their parent's estates.

IF the parents died without making a will, then it is possible that your aunt obtained probate as an administrator. Or that she was able to access their accounts just by going to the bank, showing the death certificate and signing that she was NOK.

It would have been equally possible that your father could have administered the estate in this situation, as all children have an equal right to administer an estate. Or he could have contacted the banks, sorted out the house etc.

If your grandparents left wills, and probate was obtained, your aunt was probably named as the executor by them.

So check whether there is any record of probate or administration for your grandparents. Bear in mind it could have been granted some years after they died.

For their mother, she left a will and they were both named executors, but she took over and refused to allow my father any involvement in handling the estate. This was the cause of their estrangement

For their father - he died a year later, but their parents had been divorced for a very long time, and as far my Dad knew - neither of them knew where he was and hadn't seen him in 30 years. It transpired that his sister had tracked him down and reconciled with him just before he died. He died without a will, but it now seems according to the Probate search that she applied for Probate and administered his estate too (she sold his house a few months after probate was granted)

RAS

Was your father also a beneficiary of his mum's estate? 

If grandfather died intestate, then his assets had to be shared between his children, including any deceased who had children themselves. Did that happen?

Flugelhorn

RAS said:

Was your father also a beneficiary of his mum's estate? 

If grandfather died intestate, then his assets had to be shared between his children, including any deceased who had children themselves. Did that happen?

it does not sounds as though it did 

msb1234

if he died intestate the letters of administration would have been required in order to sell his property. Have you checked the Land registry to see who currently owns the property?