Help seeing a will as a beneficiary not executor

Afterthoughtbakewell

Hello all.

I couldnt find a specific forum for wills and solicitors so I put it here by all means move it if needed.

I am currently embroiled in a lengthy probate process for my late uncles estate. I will make another post detailing far more information than this but would like a very specific peice of adfvice first please.

I am not the executor of the will, that is my uncles ex partner and she has her set of solicitors we have been doing everything through.

I am a beneficiary, although the entirety of this is not being made clear. I am told I have been left as house and a lump sum but havent been told how much.

There are a few suspicions we have over when the will was changed, how it was changed and the ambiguities over the wording due to the way his ex partner converses with me.

In short I really need to actually see the will, before probate is granted because I understand it become s a lot harder to challenge things afterwards.

I have tried asking the solicitors but they say it is up to the executor and instead of letting me actually see it she keeps saying ' I can just tell you whats in it'.

There is a lot I will follow up in regards to all of this, and by all means if it is better I post this before advice can be fully given then I will do so, but I was just wondering what the best process was for this as I do understand I can get my own solicitor who can put a more forceful claim to see the will in if irregularities are suspected.



Thanks.

Keep_pedalling

Basically you cant, but if you suspect fraud then there is no time limit on making a claim. As she has engaged a solicitor to help manage the estate then there is less likely to be any fraud in handling the estate.

If you wish to add more information do it in this thread rather than starting a new one.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/6661022/help-seeing-a-will-as-a-beneficiary-not-executor

Sorry for your loss.

The Solicitors are correct in advising that you have no right to see the Will.

You state that you have been left the house plus a lump sum. That is, presumably, a substantial (if not majority) part of the Estate.

You still have doubts about the content of the Will and whether the Will has been changed (and properly so).

As a first step, why not accept the Solicitor's agreement to tell you what is in the Will, given that they will not share the actual Will?

Notepad_Phil

https://forums.moneysavingexpert.com/discussion/comment/81935374#Comment_81935374

As a first step, why not accept the Solicitor's agreement to tell you what is in the Will, given that they will not share the actual Will?

I think the OP is referring to the executor as telling them what is in the will, not the solicitor.

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81935649#Comment_81935649

OK - If the Executor tells the OP what is in the Will, that would at least be a solid first step to understanding the overall position. The Executor has to tell the OP the truth on this as it is only a matter of time until probate is granted and the Will becomes public domain.

Afterthoughtbakewell

https://forums.moneysavingexpert.com/discussion/comment/81935660#Comment_81935660

The Executor is the ex partner. I meet with them on a semi regular basis, but they keep changing statements or being vague.

Initially I was told the remaining money would be split but now how, then later I was told it wouldnt be 50/50 but didnt say how much, then the other day I was told around `100k then that my uncle had earmasrked 200k for my condition.

The inhritence tax is around 1.3 million so I assume there is about 3 million left over after the sale of the houses.

I wanted to meet with them to make an agreement on how the money would be split as a % and have that signed so I knew I wasnt going to be told one thing then left out later.

When I met with the Executor last week they told me I needed to ask the solicitors to see the will not them.

I am drafting a letter to the solicitor but am not sure how to word it as I am quite naive to the whole process.

I need to post another topic on here better explaining the back story, my situation and why we have concerns over the executor and the will and then maybe an admin could merge them. I hope then I could be advised as to what help I could get.

Thank you.

Afterthoughtbakewell

https://forums.moneysavingexpert.com/discussion/comment/81935374#Comment_81935374

Thank you, and yes we do have doubts about how and when it was changed.

Yes, but it may not be a substantial and certainly not a majority.

lincroft1710

Just add to this thread, don't start another!

Grumpy_chap

https://forums.moneysavingexpert.com/discussion/comment/81935678#Comment_81935678

Just picking up on your comments, particularly "I wanted to meet with them to make an agreement on how the money would be split as a %" suggests that you think the distribution is subject to negotiation.

That is not the case.

The Executor has no option other than to distribute the Estate in accordance with the wishes of the Testator as written in the Will.

There can sometimes be cases to challenge a Will when there is a Dependant for whom inadequate provision has been made. Even if you are a Dependent, it seems as though a suitable provision has been made in your favour.

Beyond that, any discussion would be limited to necessary administration expenses in managing the Estate and, possibly, agreement on value of any items that are not being sold but being passed on to an individual who would otherwise be a Remainderman.

Why not simply write a very short letter to the Solicitor along the lines of "I have spoken with XXX (the Executor) and they suggested that you would be able to share with me a copy of the Will for YYY (the Testator) as I understand that I am a Beneficiary."

If you have more to add to the thread to explain matters in greater clarity, that would be better added to this thread than starting a new thread. Ideally, all the information would have been given in the opening post as that allows the best responses and avoids the risk of misleading responses based upon partial information.

Daniel54

The amount of inheritance tax will depend on whether your uncle and his ex were still married (or in a civil partnership) .Either way,it is a very substantial estate and it is to your benefit that a solicitor has been appointed,as the route to probate will not be quick and easy.

You have no right to know in advance of probate the other beneficiaries of the will nor to the extent they will benefit.In my view the best you can expect is some information as to how the will relates to you individually.

Afterthoughtbakewell

Excuse the way this is written as I had intended it to be a new topic but was advised to add it to this one so I may have doubled up on some bits.

A family member of mine died suddenly last year and my mother and I are the next kin.( My mother is but she wanted me to have the duties of next of kin as she is quite old and has no desire to deal with any of it).They had a partner of 5 years who is the executor, but we have some doubts as to the recency of certain changes to the will and ambiguities over its wording. According to the executor- I am left a house, she is left a house and the rest of the money was to go towards the running of a guest house he had. However the wording the executor used does not imply that it goes to them to run it, only that it goes to the continuation of said business. to quote 'Carry on the work at ( insert business here).

The executor is implying the money will go to her to run the business.

This is my first question. If a will is left ambiguous what happens?

If it indeed does say ' The rest of the money is to go towards the running of 'x' then who actually decides who gets that money to run x?

Secondly if it indeed does say that then how can she give me 100 or 200k anyway as that would be going against the wishes of the will. There are so many irregularities and inconsistencies I dont know how to respond.

They are not married and the executor is married to someone else, they had been together about 5 years and running the business together, although she was often not there for long periods of time.

This is what I need to find out, as currently they are implying the rest of the money will go to them.

I meet with the executor on a regular basis and prior to our recent meeting everything was cordial. I have been helping with the running of the other properties whilst awaiting probate, including organising works and helping existing tenants.

I was informed I was left a house and a lump sum, but that they could not tell me how much due to not knowing how much would be left over at the end after probate and the sale of all the houses.

When I asked to see the Will they told me I needed to ask the solicitor, but the solicitor has always told me

However the amount keeps changing, from 100k to 200k and then sometimes less, so I asked whether we could sign an agreement that said I would get a % of whatever was left at the end, but was told the solicitor had told her not to sign anything.

I realise this is probably irrelevant from a legal standpoint but some background including information that may or may not be relevant, so dont think this is me trying to push a sob story or narrative I am just giving facts that I dont know have any bearing on anything.

My disabled mother lives at the house I have been left- he helped her financially.

I suffer from an extremely debilitating chronic pain condition and have children. At the time I had been in contact with him regarding helping me fund my treatment as the NHS do not cover it and it is extremely costly. 100k + . He was planning to help me significantly with this, but it was in person there is no written correspondence save from emails I sent to him ironically and upsettingly days before he died ( it was very sudden).

( Evidence in the form of PIP awards and letters can be provided to a solicitor).

I am trying to think of everything I need help with but I am expecting I will needd my own solicitor. I just hoped someone with someone knowledge could provide some light for me.

Any questions welcome and I will try and provide more information as I think of it.


My primary questions are.

-How do you see the will before probate as a beneficiary if you have suspicions of irregularities or other issues regarding the legitimacy timing and wording of the will? Do I need to hire a solicitor to file a certain challenge to see the will?

-Do I have claim for work I have organised and time I have spent on helping with the selling and general running of the properties during probare if I am subsequently not given a lump sum?

-When a will is worded unclearly what happens? Ie if the will does indeed say ' the money is to be spent on running 'X' who actually recieves that money to run X?

-How much do me and my mothers disabilities and conditions matter here?



Thanks in advance.