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Probate not applied for after 10 months
RedTCat
Posts: 35 Forumite

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.
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.
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Comments
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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 £3660
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Which country was your dad resident in?0
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Why would you assume you have been left half of the house?0
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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.0
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swingaloo said:Why would you assume you have been left half of the house?
You just need to accept that, I'm not going in to detail in public.Devongardener said: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.0 -
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 know probate has not been applied for.
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RedTCat said:swingaloo said:Why would you assume you have been left half of the house?
You just need to accept that, I'm not going in to detail in public.Devongardener said: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.0 -
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
Tet0 -
do you know for certain who is / are the executor(s)?0
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