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  1. #1
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    Default How to find d out if late mother left a will

    Hi my mother was found dead on Sunday ninth July,l have three brothers and one sister,to say they are good family is mild,my late mother was difficult and played with her family setting them against each other,her council home was supposedly bought but who knows with her,l don't know if it was hers or not I've no idea if there's a will no one will say or who is organising funeral,how do l see will if there is one?and how to find out if she bought the house,if it is her home there's siblings that will fight to keep proceeds of a sale to themselves how do l challenge them?,if house or money is clearly left to others so be it but if not it's rightfully that l have a share,there already fighting l don't want a part in that only what rightfully might be mine,any advice thank-you

  2. #2
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    Default Re: How to find d out if late mother left a will

    You can get details form the land registry to see who the house belongs to. Perhaps that is the first step.

    Try here

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    Default Re: How to find d out if late mother left a will

    Hi and welcome.
    Condolences on your loss.

    From your post, it appears you do not get on with your siblings.
    Could you not use your mutual loss to mend bridges, as I see no good coming from family wrangling over the estate.
    If you are not careful the estate could be eaten up by legal costs.

    Regarding the funeral, normally the person named in the will would arrange it. Failing that it would normally fall to the nearest relatives. The person doing so will need the death certificate.
    If there is a funeral plan in existence the funeral may have been prearranged with a specific director.

    Regarding any possible plans to withhold your inheritance, if any, I do think you are jumping the gun a bit.
    However, if you are convinced there will be such an attempt you could lodge a caveat. This will effectively stop a grant of representation going ahead and prevent probate.
    However it is also the first step in showing that there is mistrust, and may scupper attempts at repairing family relationships.

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    Default Re: How to find d out if late mother left a will

    Thank-you,no my family have always been miss trustable,my older brother has been in touch family won't tell him anything only the funeral date,they would take and not give anything if there is,if my late mother did own her home which she might not,my brother and l would be entitled to our share,if there's a will handing others and not myself and my brother l will let it go,some family's are like mine I've tryed in the past but my late mother liked to set us all(5)against each other sad ,l live my life with my family in harmony,my mother didenn't like me marrying my wife of 34yrs,so she ignored mine including her great grandchildren,she banned some of her children from my late father's funeral for no reason and caused a rift then,so as you can see we are right in miss trust all because of the behaviour of one woman,thankyou

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    Default Re: How to find d out if late mother left a will

    It is always sad to hear about dysfunctional families. but there we are and at least you are secure in your own.

    I'm tagging @Peridot to see if she can offer further advice

    Best wishes.

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    Default Re: How to find d out if late mother left a will

    Hi Nuthouse26,

    Sorry to hear your situation. It is always difficult when families struggle to communicate particularly in these sorts of situations.
    Right so you aren't sure if your mother had purchased her council house or not. In the first instance I would suggest doing a search at the Land Registry. It will cost you £3 to obtain the information about who owns the property and you can order an Official Copy of the Register Entry here:- https://www.gov.uk/search-property-i...-land-registry

    If your mother did not own the property from what you say it is unlikely there would be many further assets?
    If there are very few assets it may not be necessary to even obtain a Grant to deal with her estate. Usually if there is less than £5,000 in assets or all the assets were jointly owned, a Grant won't be necessary.

    It seems that a caveat may be a bit of a sledgehammer to break a nut. All you basically need to know is if mum owned the house and if she did is there a will? Rather than causing possible bad feeling in the family it may be worth applying a standing search with the probate registry. This means that if a Grant is issued by the Probate Registry you will be informed. The Grant is a public document as is the Will, if there is one and once the Grant is issued. You will then get notice that a Grant has been applied for and then you can request a copy and a copy of the will if there is one.

    The Grant will state the value of the estate. You will then either have a copy will which states who gets what or if there is no will you will know the value of the estate to be divided between the 5 children. This is provided the 5 children are the only closest relatives so there is no husband.

    If mum owned the property in her sole name and not jointly with anyone who is still alive, whoever deals with the estate will have to get a Grant in order to sell and/or transfer the property. Nothing can happen without the Grant so you will then know what you are dealing with.

    I think you need to take a breath and wait and see what happens, If you need to know desperately about the property then do a Land Registry search as I suggest above. Place a standing search at the probate registry so you will have notice once or if a grant is applied for in the next 6 months. (you can renew the search if needs be). This is how you apply for the standing search: https://www.gov.uk/wills-probate-inh...robate-records

    Once probate is granted (if needed) then you have 6 months in which to bring a claim against the estate. It will depend on whether there is a will or not as to what you are applying for and whether you would be successful or not. From what you say it appears you wish to receive your share of an intestacy ie if mum had no will so everything is to be divided equally between the children. If this does not happen you may have to apply to the Court if the administrator is not dealing with the estate as they should be.

    This is some way down the line yet and you may find things settle once the funeral has been dealt with. I hope the family manage to come together and deal with this as a family for everyone's sake both financially and emotionally.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

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    Default Re: How to find d out if late mother left a will

    Thank-you for reply very informative ,sadly my siblings are not good at building bridges,hence l know if the house was bought and no will they will not distance my share,thank-you again

    - - - Updated - - -

    My predictive tx lol

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    Default Re: How to find d out if late mother left a will

    But at least you can find out who owned the house and if in Mum's name they will have to get a Grant to deal with it then. You will then see a copy of the Will and will know whether mum left the property to a specific person, or excludes you from any legacy.
    If there is no will then if mum owned the property they will still need a Grant to deal with it but under the intestacy rules, you would be entitled to an equal share with your siblings and they would not have a case preventing you from claiming your share.
    Hopefully you will know a bit more soon to at least deal with whether you will be receiving anything or not.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

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    Default Re: How to find d out if late mother left a will

    Thank-you for reply,l think l will firstly see if mum owned house,she some years ago said she had bought it but then had windows replaced by council,mum was like that,if it's not owned l will leave things alone l can't see there being any money as she was complaining my late father left her with no money ten years ago,only worth it if house is owned no will and in law l would have a legal claim

  10. #10
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    Default Re: How to find d out if late mother left a will

    Probably sensible. I hope the funeral goes as well as can be expected. It sounds like it may be difficult for all of you.
    I am a fully qualified solicitor employed by the LegalBeagles forum to assist you with a wide range of legal questions. I would be happy to try and assist informally where needed. Any posts I make on LegalBeagles are for information and discussion purposes only and shouldn't be seen as legal advice. Any advice I provide is without liability. I do not represent clients off forum. If in doubt seek professional face to face legal advice.

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