relatives will/estate

Tenerife0308

just looking for a bit of advice. my Grandad passed away in 2022 and in his will it stated that his partner can stay in the house until she dies then it’s to go 3x ways between his 3 children (2 are of his partners and Mum was from a previous relationship). fast forward to 2024 and unfortunately my mother has now passed away. i have been contacted by his partner asking for my mothers death certificate so they can contact the solicitors to get my mother removed from his will - does this sound correct? i know i could do with formal advice but just wondered if anyone on here has been through similar. 

BikingBud

Unless there is a survivorship clause, and if there is they are usually only for a short period eg 28 days, the legacy should pass into your mother's own estate to be distributed in line with her will, to her own beneficiaries.

I would ask for a letter from the solicitor that explains how this "removal" of your mother from the will is to occur.

RAS

And download a copy of the will from the probate registry (gov.uk) website, if you don't have one to hand. Think it still costs £1.50.

Linton

You cant remove someone else from a will.  Perhaps they are talking about the house deeds?

FlorayG

No, you can't remove someone from someone else's will.
The will surely left a share to each of the three with a proviso that his partner could stay there? So legally it belonged to your mother when she died as it had already been bequeathed to her? So now it would belong to whoever your mother named in her will?

Flugelhorn

FlorayG said:

No, you can't remove someone from someone else's will.
The will surely left a share to each of the three with a proviso that his partner could stay there? So legally it belonged to your mother when she died as it had already been bequeathed to her? So now it would belong to whoever your mother named in her will?

@FlorayG says, your mum was already an owner of the property and now it is in her estate. Worth getting a copy of the will and also the land registry entry for the property 

Tenerife0308

just tried accessing the probate registry but he doesn’t appear on the search? if im honest, it was a very brief conversation with his partner (they aren’t married) requesting the death certificate but she definitely said the solicitor requires formal proof that my mother has passed away and that the other 2 children need to sign paperwork.

my Mum didn’t have a will when she passed away but my Dad has gone through probate and everything has been granted to him if this helps? 

Flugelhorn

Tenerife0308 said:

just tried accessing the probate registry but he doesn’t appear on the search? if im honest, it was a very brief conversation with his partner (they aren’t married) requesting the death certificate but she definitely said the solicitor requires formal proof that my mother has passed away and that the other 2 children need to sign paperwork.

my Mum didn’t have a will when she passed away but my Dad has gone through probate and everything has been granted to him if this helps? 

re mum not having a will, everything (up to a certain point) would go to your dad, though there is a limit after which it is split between him and any children. Was the value of her share of the property listed on the application for letters of administration?

Keep_pedalling

Ask her who the solicitor is and contact them directly. Is sounds rather like no one has applied for probate for your grandfather.

Flugelhorn

Keep_pedalling said:

Ask her who the solicitor is and contact them directly. Is sounds rather like no one has applied for probate for your grandfather.

ah yes could be - maybe mother was listed as an exec

Tenerife0308

thanks for all your comments. spoke with Dad last night and Mum had a copy of Grandads will so his going to find it over the weekend so I know for sure. 
definitely want to find more information out before handing over Mums death certificate. Surely if both of the other children need to ‘sign a document’ then someone should be signing on behalf of Mum? guess i just wanted to clarify if they were able to remove Mum from his will with him being deceased etc. his partner has never really seen eye to eye with my Mum due to her being from a past relationship so guess im just worried that they’re going to try wipe Mum out completely