relatives will/estate

Flugelhorn

basically they can get a copy of the death cert without asking you but they can't do much with it - honestly sounds like they haven't got probate yet for grandad and now need to sort that out - come back when you find the will and see what it says 

FlorayG

I think you've opened a can of worms but the basic answer is NO, nobody can remove anything from anyone else's will, only from their own
I think what's more likely is that the solicitor wants proof of death so that he can update the house deeds with the name of your dad who inherited from your mom. I hope your dad has written a will...

Tenerife0308

thanks so much for your help. 
il get Grandads will over the weekend but yes my Dad has a will - his since updated it after we lost Mum. 

RAS

This sounds like there is an Immediate Post Death Interest Trust, allowing mum's step-mum to remain in the house? If so, it isn't necessary for probate for grandpa or for the Land Registry to be amended until after the second death (step-mum's). 

Might need to register the trust with HMRC, though?

Tenerife0308

hi all,
so i have since had another conversation with my grandad’s partner. they never got round to sorting probate for my grandad and because mum was the main contact they need to provide proof that she has passed so the 2nd eldest can go ahead and sort probate - does this sound right? no mention of the will today. 

RAS

This sounds very confused.

It is possible that mum was one of grandpa's executors, in which case they may be wanting to remove her as executor? But I'm not sure that in her stead your father, as executor of mum's will, might "inherit" the responsibility.

It's also possible that grandpa's will only benefits surviving children.

Dad needs to find that copy of grandpa's will ASAP.

The other factor is that if there is an IPDI trust, your dad needs to know whether the will names the trustees.

He might also be wise to take advice on whether he can make a deed of variation in favour of his children. At present, mum's portion of grandpa's estate could end up paying dad's care costs (not necessarily a bad thing) or being inherited by a new spouse if he remarries. 

Tenerife0308

thanks for the comment.
yes Mum was down as an executor.  are they able to remove her if both Grandad and Mum have now passed? if she gets removed as executor does that mean shes removed from the will completely? 
i now have the copy of the will at mine, but unsure what it is exactly i need to be looking at? it just says the property is to be split 3 ways equally after his partner passes - doesn’t mention about surviving people or what was to happen is someone dies etc

RAS

Was mum listed as the only executor, or jointly with others?

Tenerife0308

jointly there is her and 2 half brothers 

RAS

So is the elder sibling you referred to previously one of the half brothers?