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Refusing to show family deceased's will

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Comments

  • Hoenir
    Hoenir Posts: 7,742 Forumite
    1,000 Posts First Anniversary Name Dropper
    edited 8 December 2023 at 11:17PM
    km1500 said:
    Marcon said:
    km1500 said:
    you need to start getting tough on this and not let it drift

    Apply for letters of administration using your belief that a will does not exist - in fact it sounds like the deceased explicitly told you he wasn't going to make one

    if a will exists they will be refused

    if a will does not exist you will get them

    also notify his bank, gvt agencies etc of his death ie start acting like an executor until proved otherwise. you want the bank account(s) frozen

    ask her to vacate the house - unless she is executor of a valid will she has no right to be there
    The individual in question only died a couple of weeks ago. How about a bit of consideration for the lady in his life who has been bereaved? 'Getting tough' is hopelessly premature.
    the lady in question has, unfortunately, forfeited any sympathy I may have had for her by her behaviour.


    Have you spoken to her personally or directly been involved in some way?  This will be a difficult time for all concerned. Not the time for conspiracy theories stoked up on social media with no sensitivity. 
  • elsien
    elsien Posts: 37,511 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    edited 8 December 2023 at 11:26PM
    From the OP “his brother (who is sole next-of-kin in law” - the term next of kin has no legal meaning whatsoever under the law.
    All shall be well, and all shall be well, and all manner of things shall be well.

    Pedant alert - it's could have, not could of.
  • Marcon
    Marcon Posts: 15,881 Forumite
    Ninth Anniversary 10,000 Posts Name Dropper Combo Breaker
    edited 9 December 2023 at 1:00AM
    Hoenir said:
    km1500 said:
    Marcon said:
    km1500 said:
    you need to start getting tough on this and not let it drift

    Apply for letters of administration using your belief that a will does not exist - in fact it sounds like the deceased explicitly told you he wasn't going to make one

    if a will exists they will be refused

    if a will does not exist you will get them

    also notify his bank, gvt agencies etc of his death ie start acting like an executor until proved otherwise. you want the bank account(s) frozen

    ask her to vacate the house - unless she is executor of a valid will she has no right to be there
    The individual in question only died a couple of weeks ago. How about a bit of consideration for the lady in his life who has been bereaved? 'Getting tough' is hopelessly premature.
    the lady in question has, unfortunately, forfeited any sympathy I may have had for her by her behaviour.


    Have you spoken to her personally or directly been involved in some way?  This will be a difficult time for all concerned. Not the time for conspiracy theories stoked up on social media with no sensitivity. 
    Quite. We've only heard one side of the story from someone who just a couple of weeks after the death of a 'close family member' is apparently 'at the end of their tether' because they haven't been given sight of the will. Given the tenor of the opening post, it would be no surprise if she has acted as OP claims - and equally no surprised that the deceased didn't want to tell his family he had written a will and she was the beneficiary. Just look at the reaction...
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • Spendless
    Spendless Posts: 25,172 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    You put that the will was (allegedly) made  6 months ago. How do you know this? Has his partner told you or were you aware in advance of his death and if so didn't anyone ask him why he'd now done it after previously being against it.  .

    Was the death unexpected or was he aware he was living with something terminal - which might have prompted a Will being written?

    I would say he didn't understand the rules of dying intestate due to what you've put 'he didn't want to write one because he told his brother he wasn't writing one because 'you know where I want the money to go - ie his neices and nephews' but that isn't who would inherit if his closest living relative is a sibling (which is what I think you mean when you've written legal next of kin) and then it would have been upto brother what he spent any inheritance on.

    It may be that someone pointed this out to him and on that basis decided to make a will and then thought his preference was to leave it to his partner.

      
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