frustrated and unsure of option

This will be a quick summary post


Father died, funeral done, burial is done and dusted.


My brother has said the will is to be read Sunday evening at his house, which seems a little late and given the bad relationship we have, I would rather this was done somewhere else less bias.


From what my brother has said to me the entire house has been left soley to him (unsure if I can challenge this)


I am unsure what/if anything has been left to me can I not just ask for a written copy of will?
«134

Comments

  • wkdboi wrote: »
    This will be a quick summary post


    Father died, funeral done, burial is done and dusted.


    My brother has said the will is to be read Sunday evening at his house, which seems a little late and given the bad relationship we have, I would rather this was done somewhere else less bias.


    From what my brother has said to me the entire house has been left soley to him (unsure if I can challenge this)


    I am unsure what/if anything has been left to me can I not just ask for a written copy of will?
    Will reading comes straight out of an Agatha Christie novel! There really is no need for it. Until you see the will anything else is speculation.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    Let you brother know in advance that you would like to take away a copy of the will on Sunday.
    Or just say sorry can't do Sunday please send/email me a copy of the will.
  • Flugelhorn
    Flugelhorn Posts: 5,553 Forumite
    First Anniversary Name Dropper First Post
    Tom99 wrote: »
    Or just say sorry can't do Sunday please send/email me a copy of the will.

    I would just go for that - no need to be in a difficult situation / location
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    edited 13 December 2018 at 9:58AM
    Flugelhorn wrote: »
    I would just go for that - no need to be in a difficult situation / location

    Yes, you already suspect the will may have some controversial elements and having these conveyed for the 1st time at this so called 'will reading' when other family will be present seems a very bad idea. Thing may be said in the heat of the moment, by you or others, which are impossible to retract at a later date.

    Much better that you read the will alone and have all the time you need before responding in any way to your relatives.

    As YM99 says straight out of an Agatha Christie novel, several of her novels I think and, of course, all with surprises in store about who is getting what. Murder usually follows shortly after the reading.
  • A key factor is who the Executors are, and are they named on this will. Also, are you certain that any will being brandished is the most recent one, revoking any others that pre-date it. If the said brother is not the Executor, then whoever is needs to have possession of it to forward events. Common sense says in a reasonable situation it would be courteous for all significantly interested parties to have access to a copy of the original.


    It might be worth going over your memory and writing down any times and dates you remember discussing inheritance with your father, the brother in question and any other relatives or interested parties, just in case things become awkward later.
  • wkdboi
    wkdboi Posts: 155 Forumite
    First Anniversary Combo Breaker
    Thanks Eddy, As far as I know, when I was younger and changed my name via deed poll, my father updated the will to reflect that, however in the last 2 years prior to his death he gave my brother Power of Atternoy over his affairs as he was ill and unable to do alot himself.. I highly believe a new will was written in the period which favoured my brother having a better share, I suspect some kind of foul play was done.
  • Tom99
    Tom99 Posts: 5,371 Forumite
    First Post First Anniversary
    wkdboi wrote: »
    Thanks Eddy, As far as I know, when I was younger and changed my name via deed poll, my father updated the will to reflect that, however in the last 2 years prior to his death he gave my brother Power of Attorney over his affairs as he was ill and unable to do alot himself.. I highly believe a new will was written in the period which favoured my brother having a better share, I suspect some kind of foul play was done.

    Even more reason to ask for a copy of the will and not attend this 'reading'. Whatever the will says, or does not say, is not going to change just because you are not there.
  • Dox
    Dox Posts: 3,116 Forumite
    First Anniversary Name Dropper First Post
    Do remember that if you are not an executor, you are not entitled to a copy of the will even if you are (or believe you are) a beneficiary. It only becomes a public document once probate has been granted, at which point anyone can buy a copy: https://www.gov.uk/wills-probate-inheritance/searching-for-probate-records
  • tacpot12
    tacpot12 Posts: 7,943 Forumite
    First Anniversary Name Dropper First Post
    One of the things that someone with Power of Attorney cannot do is amend the donor's will, so your farther would have had to have changed his will while he was fit to do so.

    If you can get a copy of the will and are still concerned, see if you can trace the witnesses. They may be able to relate the circumstances under which the will was signed. Be aware that a will signed in a solicitors office will probably have had members of staff called in to be the witnesses and even if you can find these people, they shouldn't discuss it with you due to their duty of confidentially to their client (your dad). They will also have probably witnesses many wills being signed and will not be able to recall the specific circumstances under which your father's will was signed.
    The comments I post are my personal opinion. While I try to check everything is correct before posting, I can and do make mistakes, so always try to check official information sources before relying on my posts.
  • SandraX
    SandraX Posts: 840 Forumite
    tacpot12 wrote: »
    One of the things that someone with Power of Attorney cannot do is amend the donor's will, so your farther would have had to have changed his will while he was fit to do so.

    If you can get a copy of the will and are still concerned, see if you can trace the witnesses. They may be able to relate the circumstances under which the will was signed. Be aware that a will signed in a solicitors office will probably have had members of staff called in to be the witnesses and even if you can find these people, they shouldn't discuss it with you due to their duty of confidentially to their client (your dad). They will also have probably witnesses many wills being signed and will not be able to recall the specific circumstances under which your father's will was signed.

    Very helpful, useful post.

    I'd also add that the OP takes notes if required and should there be a problem, contemperaneous notes go a long way.

    Others have touched on this, did your dad not say anyhting to you re will?

    Goodluck.
This discussion has been closed.
Meet your Ambassadors

Categories

  • All Categories
  • 343.1K Banking & Borrowing
  • 250.1K Reduce Debt & Boost Income
  • 449.7K Spending & Discounts
  • 235.2K Work, Benefits & Business
  • 607.9K Mortgages, Homes & Bills
  • 173K Life & Family
  • 247.8K Travel & Transport
  • 1.5M Hobbies & Leisure
  • 15.9K Discuss & Feedback
  • 15.1K Coronavirus Support Boards