Friends Will -inheritance query

gmje

My friend passed away a few months ago beforehand she told me she had left me a little something in her will - One of her close family members who is selling her house said "we wont be using solicitors " Obviously im keen to know what she has left me but I haven't heard anything. How and when would I be informed ?

Keep_pedalling

Anytime between tomorrow and sometime next year. Most of the regulars on here would recomend doing what the executor has done, solicitors just add costs and take even longer than lay administrators.

As a property is involved then this will have to go though probate (unless a co-owner is inheriting it) so once that has been obtained you will (for a small fee) be able to get a copy of the will to confirm if you have been left anything should you here nothing from the executor.

Misslayed

Not much comfort to you I know - my sister received a substantial (surprise) inheritance from her Godfather 18 months after he died. Presumably if a property has to be sold to release the funds, you will have a few months to wait.

Flugelhorn

I think you can put make a standing probate search for £3 so that if probate is granted, you will be alerted and can get a copy of the will for £16 - info is here https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s

Technosaurus

Hi @gmje , sorry for the loss of your friend.

As others have said, once probate is granted the will is available to download for a small fee. The executors are duty bound to honour it.

It is, however, quite odd that they haven't mentioned anything yet whilst also getting the house on the market - so I'm assuming the timeframe here since death is a matter of weeks rather than days. Presumably they have therefore seen the will so they know who benefits from the sale, even if probate hasn't been granted.

From my professional experience and just as a bit of a "managing expectations", there is a large differential between the amount of people who tell friends they are leaving them something in their will vs the amount of people who actually do so. I obviously don't know anything about your friend, but please just prepare yourself for potential disappointment in this regard.

gmje

I heard property can't be sold unless probate completed ?

Technosaurus

The formalities can't go through but, depending on estate agent, they can put it on the market. Most reputable agents insist on probate to be done and dusted before they market it due to potential issues further down the line, but it's not essential.

However the sale can't go through the conveyancing/legals stage before probate is granted as the house is not technically theirs to sell until they have probate.

RAS

Property can't be sold until probate is granted, so the Government web pages says you can't put a property up for sale before you apply. But in practice it can be put on the market. Just the executors can't sign the exchange or completion.

It's not generally recommended in a fast moving market because some buyers won't offer on a property until probate is granted.

However the lengthy waits for probate during Covid have declined massively this last year. The best results come from on-line applications with no IHT to pay. These were taking 6 months and some are now issued in 4 days, others 4 weeks.

It's also quite possible that the friend is a bit naive about the time scales?

Marcon

It is, however, quite odd that they haven't mentioned anything yet whilst also getting the house on the market - so I'm assuming the timeframe here since death is a matter of weeks rather than days. Presumably they have therefore seen the will so they know who benefits from the sale, even if probate hasn't been granted.

OP has said the death was 'a few months ago'. Nothing remotely odd about it. Any sane executor (lay or professional) isn't going to tell potential beneficiaries anything until they are close to - preferably at - the point where assets can be distributed. Until then, who knows whether the estate is even solvent?

Just the executors can't sign the exchange or completion.

There's such a thing as conditional exchange…

Technosaurus

https://forums.moneysavingexpert.com/discussion/comment/82052477#Comment_82052477

Fair point and I do apologise, I hadn't clocked the "few months ago" bit.

Having been an executor a few times myself, personally I knew very quickly each time if the estate was solvent, certainly before applying for probate and was in a position to alert beneficiaries as to where everyone stood, so as to avoid issues like the OP is facing. And yes usually it hinged upon the sale of a house before "full" distribution.

I wasn't aware this approach could render some to think I was insane…

Silvertabby

I suppose it all depends on what the 'little something' is. If it's a sum of money then, yes, may depend on probate and the eventual sale of the house.

But seems more likely to be a small keepsake, perhaps something OP admired in the past? If so, can't see why the executors can't at least tell OP what it is.