Probate not applied for after 10 months

RedTCat
RedTCat Posts: 35 Forumite
Fifth Anniversary 10 Posts Photogenic
edited 15 October 2024 at 11:09PM in Deaths, funerals & probate
I'm being deliberately vague about details to avoid identifying anyone. 
Dad died Dec 2023, I am his only living blood relative. His wife - who is not my mother - has not yet applied for probate. She has a large extended family - her granddaughters are supposed to be helping her. They organised funeral etc, without consulting me. The have refused to let me see the will. I was told in Jan 2024 probate had been applied for. I checked on the gov.uk probate web site, but *still* probate has not been applied for.
Is there a time limit to apply - are they breaking the law?
I would assume I have been left half of the house, therefore I'm losing interest on anything I would have invested. Am I entitled to claim against the Estate?

EDIT: Please help with answers to the two questions above, fixating over *if* I'm in the will etc, is not helpful.
«134

Comments

  • JGB1955
    JGB1955 Posts: 3,790 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    edited 15 October 2024 at 6:23PM
    You only know that Probate hasn't been granted, not that it hasn't been applied for.  It can take months to be granted.  Rather than assume that you have been left half of the house, assume that everything has been left to his spouse and you will receive nothing.  Harsh...but not unlikely.
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • Alderbank
    Alderbank Posts: 3,709 Forumite
    Eighth Anniversary 1,000 Posts Name Dropper
    Which country was your dad resident in?
  • swingaloo
    swingaloo Posts: 3,333 Forumite
    Part of the Furniture 1,000 Posts Photogenic Name Dropper
    Why would you assume you have been left half of the house?
  • Unfortunately you can’t assume that you will have been left half the house, unless your father had previously told you that.  
    It’s more likely that the estate would pass to his wife.  You could ask a solicitor to write to her formally requesting sight of the will, but I don’t know if she legally has to comply.
  • RedTCat
    RedTCat Posts: 35 Forumite
    Fifth Anniversary 10 Posts Photogenic
    Alderbank said:
    Which country was your dad resident in?
    England, UK
  • RedTCat
    RedTCat Posts: 35 Forumite
    Fifth Anniversary 10 Posts Photogenic
    swingaloo said:
    Why would you assume you have been left half of the house?
    Unfortunately you can’t assume that you will have been left half the house, unless your father had previously told you that.  
    It’s more likely that the estate would pass to his wife.  You could ask a solicitor to write to her formally requesting sight of the will, but I don’t know if she legally has to comply.
    You just need to accept that, I'm not going in to detail in public.
  • RedTCat
    RedTCat Posts: 35 Forumite
    Fifth Anniversary 10 Posts Photogenic
    JGB1955 said:
    You only know that Probate hasn't been granted, not that it hasn't been applied for.  It can take months to be granted.  Rather than assume that you have been left half of the house, assume that everything has been left to his spouse and you will receive nothing.  Harsh...but not unlikely.
    "I'm being deliberately vague about details to avoid identifying anyone."
    I know probate has not been applied for.
  • RedTCat said:
    swingaloo said:
    Why would you assume you have been left half of the house?
    Unfortunately you can’t assume that you will have been left half the house, unless your father had previously told you that.  
    It’s more likely that the estate would pass to his wife.  You could ask a solicitor to write to her formally requesting sight of the will, but I don’t know if she legally has to comply.
    You just need to accept that, I'm not going in to detail in public.
    Well OK but without that detail it’s more difficult to give a relevant response.   If you think you were definitely named in the Will you need to seek legal advice and get a solicitor to present your case.
  • tetrarch
    tetrarch Posts: 301 Forumite
    Part of the Furniture 100 Posts Name Dropper
    Your assumption that you have been left the house is based upon what information? Did you see a copy of the will?

    Is it possible that you are a co-executor (in which case you have a legal right to see it)

    Regards

    Tet
  • km1500
    km1500 Posts: 2,703 Forumite
    1,000 Posts Second Anniversary Name Dropper
    do you know for certain who is / are the executor(s)?
Meet your Ambassadors

🚀 Getting Started

Hi new member!

Our Getting Started Guide will help you get the most out of the Forum

Categories

  • All Categories
  • 349.7K Banking & Borrowing
  • 252.6K Reduce Debt & Boost Income
  • 452.9K Spending & Discounts
  • 242.6K Work, Benefits & Business
  • 619.4K Mortgages, Homes & Bills
  • 176.3K Life & Family
  • 255.6K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 16.1K Discuss & Feedback
  • 15.1K Coronavirus Support Boards

Is this how you want to be seen?

We see you are using a default avatar. It takes only a few seconds to pick a picture.