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  • FIRST POST
    • Wiggywoo
    • By Wiggywoo 12th Mar 18, 4:19 PM
    • 2Posts
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    Wiggywoo
    Will access?
    • #1
    • 12th Mar 18, 4:19 PM
    Will access? 12th Mar 18 at 4:19 PM
    Mum died last month in a care home with Dementia. When my sister and I cleared her rented house just over 2 years ago, my sister took the little suitcase Mum kept all of her important paperwork in, including a Will. I had never looked inside the Will so I don't know if it was a homemade one, looked like a Chinese takeaway menu!


    It has always been my belief (and her nephew who was frequently informed by Mum and her brother about the contents) that Mums small estate would equally be divided between my sister and I, (I assume that we are the joint executors?)


    Mum inherited some money from her brother before she went into the home and it now transpires that my sister became greedy and tried to hide this money from me (she had neither POA or CP), she impersonated my Mum whilst calling the solicitor who was dealing with his estate. She did not declare this money to Social Services even though it put Mum over the threshold for assistance and they choose to do nothing about it! She also drew lots of cash from Mum's Post Office account and put it in a secret account. The Police couldn't do anything as Mum's dementia was too far advanced.


    All I want to do is ensure that all monies are declared by my sister (who I no longer have anything to do with). I have contacted Probate and they have told me that as I don't have a copy of the Will, there is nothing I can do, even though I am supposed to be an Executor. Basically I have no proof that I am an Executor or have a copy of the Will.


    I do have a free short consultation with a Solicitor this week so I hope there may be something they can advise. I just feel that there seems to be no fair way of getting justice and the law seems to favour the people that break the rules, so any offer of advice gratefully received.
Page 1
    • Margot123
    • By Margot123 12th Mar 18, 7:19 PM
    • 804 Posts
    • 818 Thanks
    Margot123
    • #2
    • 12th Mar 18, 7:19 PM
    • #2
    • 12th Mar 18, 7:19 PM
    You are doing the right thing by consulting a solicitor.

    Make a list of all the important questions you want to ask them. You will have very little time, and may forget crucial things due to the stress of the situation.
    Write the solicitor's answers down for later perusal.
    • WaywardDriver
    • By WaywardDriver 12th Mar 18, 9:08 PM
    • 108 Posts
    • 109 Thanks
    WaywardDriver
    • #3
    • 12th Mar 18, 9:08 PM
    • #3
    • 12th Mar 18, 9:08 PM
    Best hope is your Mum had a copy of the will and the original is held by an unknown solicitor. If so your solicitor can trawl all local solicitors to try to locate the original.
    • Wiggywoo
    • By Wiggywoo 13th Mar 18, 8:49 AM
    • 2 Posts
    • 0 Thanks
    Wiggywoo
    • #4
    • 13th Mar 18, 8:49 AM
    • #4
    • 13th Mar 18, 8:49 AM
    I deeply suspect the Will has not been registered with any Solicitor which will be a problem, but I do hope so. Hindsight is a wonderful thing but you would never think your sister would be so deceitful and now I realise, looking back how long it has been going on.
    • Robin9
    • By Robin9 13th Mar 18, 8:58 AM
    • 2,529 Posts
    • 1,636 Thanks
    Robin9
    • #5
    • 13th Mar 18, 8:58 AM
    • #5
    • 13th Mar 18, 8:58 AM
    Take with you to the solicitors all the basic info, names, addresses, date of birth/deaths
    Never pay on an estimated bill
    • nom de plume
    • By nom de plume 13th Mar 18, 11:21 AM
    • 685 Posts
    • 644 Thanks
    nom de plume
    • #6
    • 13th Mar 18, 11:21 AM
    • #6
    • 13th Mar 18, 11:21 AM
    It has always been my belief ...... that Mums small estate would equally be divided between my sister and I, (I assume that we are the joint executors?)
    Originally posted by Wiggywoo
    In the absence of a Will and assuming there are just the 2 children and your father (or Mum's current husband) have all predeceased her then a Will that leaves everything to be split equally between you both is the same as no Will at all.

    In this case you could apply for Letters of Administration although even this may not be necessary depending on the size and content of the Estate. If you know who Mum banked with you could get a copy of her death certificate and go and speak to the banks direct.

    Biggest problem you're likely to face is what happened to any savings, etc. in the last 2 years and getting any back that may have been misappropriated.
    • Moogles44
    • By Moogles44 14th Mar 18, 9:47 PM
    • 182 Posts
    • 62 Thanks
    Moogles44
    • #7
    • 14th Mar 18, 9:47 PM
    • #7
    • 14th Mar 18, 9:47 PM
    Does this help you ? https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2017/does-a-will-become-public-after-death/

    If you are mentioned in the will I thought you could get a copy? I did
    • konark
    • By konark 15th Mar 18, 3:26 AM
    • 1,004 Posts
    • 775 Thanks
    konark
    • #8
    • 15th Mar 18, 3:26 AM
    • #8
    • 15th Mar 18, 3:26 AM
    Once you are administrator you have an official status and can get the bank to look into irregularities in your mother's finances.

    If your sister doesn't play ball threaten to tell the LA of her deception. It might be that due to your sister draining the accounts there'll be very little in the estate and after funeral expenses etc it may even be insolvent.
    • maximumgardener
    • By maximumgardener 15th Mar 18, 10:20 AM
    • 280 Posts
    • 119 Thanks
    maximumgardener
    • #9
    • 15th Mar 18, 10:20 AM
    • #9
    • 15th Mar 18, 10:20 AM
    your meeting with the solicitor is the way to go

    ...... that should enable you to find out whether your mother left a will, or not

    take it from there
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