Apologies in advance if this sounds like a bad soap opera, but legal minds amongst The Massive (or at least some who might have gone round the same loops) might point us in the right direction…
My wife’s mother died in a nursing home earlier this year, and had suffered for a few years with dementia. My wife has two siblings, both older, but for many & various reasons she has been out of touch with them for a number of years, and relations are hostile to the extent that my wife sadly felt she couldn’t even attend her mother’s funeral for fear of a confrontation…
My wife had been expecting to hear about her mother’s will (her father died over 30 years ago) but when she didn’t, she paid for a search, and has been told the last registered will goes back to 2003, but she can’t get an actual copy of the will without the approval of the executors, who are (you guessed it) her siblings, both of whom have refused (though intermediaries) to oblige to date, and my wife, not necessarily unreasonably, suspects they might try and somehow cheat her out of any bequest.
My queries are fairly general, but roughly boil down to; is the registered will “the last word” on matters, is there a way we can actually demand a copy of the will regardless, how easy might it be for my wife’s siblings to cut her out, and/or is the solicitor legally obligated to ensure the executors fully carry out the wishes of the will, can we interrupt/delay probate to ensure all of the above…?
Thanks in advance to anyone who’s read thus far and might be able to help…
I’m no legal expert, but my understanding is that if probate has been granted the will is a public document and any will can be obtained for a small fee. That ‘if’ may be the sticking point.
Start here – https://www.gov.uk/search-will-probate
If the person died recently and you are concerned the executor is hiding the will or mismanaging the estate, you have a few options:
Place a Standing Search: If you aren’t sure whether probate has been granted, you can use the GOV.UK Search Probate Records page to set up a “standing search”. This alerts you if probate is granted in the next six months and sends you a copy of the will.
Place a Caveat: If you believe a grant of probate should be halted while you investigate the validity of a will or the actions of the executor, you can enter a caveat (currently costing \(£3\)) at the Probate Registry to prevent the grant from being issued without your knowledge.
Seek Legal Advice: If you are a beneficiary or an heir and suspect wrongdoing, it is highly recommended to consult a contentious probate solicitor. They can legally demand disclosure on your behalf or take formal action.
Also try
https://www.nationalwillregister.co.uk/search-for-a-will/
I suspect the executors are not obliged to supply you with a copy of the will but neither can they prevent you from obtaining one.
Thank you guys, much appreciated, we’re pursuing all those avenues and we’ll see what happens…