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will... probate and whatever else help please.

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  • will... probate and whatever else help please.

    sorry I am in a complete mess here.... I recently lost my dad.... as far as I was aware my dad told me he had a will and my only brother was executor and he would sort everything out.. and share 50/50/.

    After my dads death I asked him about the provision in the will as I was starting to get concerns, even before my dad died my brother was emphasising how dad had nothing ect. and I dont believe this to be the case. anyway he informed me after me asking some very direct questions that I was getting "absolutely nothing" he claims my dad informed him to give me nothing at all. and he was following those wishes.

    To say I am hurt is a massive understatement, I visited my dad regularly there was no tension or issue between us. .My brother did put in more support as he lived very close with his family. to be honest I could not always afford the petrol to go everyday but I did what I could within my health constraints.
    He claims that because he did more my dad told him to give me nothing.

    He wont tell me which solicitor has the will/ he wont even tell me who the funeral director is for dad thats how new this problem is... I am utterly shocked ;

    Can I see the WILL.... even if my name is not there.... and if so how? if I dont know who has it?
    I do not believe what he is saying is true Can I do anything ?
    Help please …. from a grieving lady.....
    Last edited by Susiq; 16th February 2019, 23:25:PM.
    Tags: None

  • #2
    You can search the probate records for the will if probate has been given by going to this website. You can then order a copy of the will.

    However if the estate was small there may not have been an application for probate.

    Been in this sort of situation before regarding the funeral. Resolved by phoning up all the local funeral directors and asking if they are involved. If the funeral directors have been sworn to silence (ours was but thought it disgraceful and dropped hints) then phone round the local cemeteries and crematoria and ask.


    • #3
      Hi Susiq,
      I'm sorry what you're going through having lost your dad. It is irrelevant what conversations your brother had with your father. There is either a Will which states what your father wanted or there isn't in which case the Intestacy Rules would have to be followed. If that is the case then if there is no spouse the children would inherit the estate in equal shares once debts, funeral costs etc have been paid.

      Your dad may have had nothing particularly if he had to move to a home for example but that can be evidenced with the estate administration. How close were you to your dad, did you have an idea of what debts he may have had. Did he spend time in care?

      Unfortunately you are not entitled to see the Will just by demanding it. If a Grant of Probate is applied for you can obtain a copy with the Grant at that point, using the link Ostell posted above.

      It doesn't matter what your dad said or didn't say, unless he changed his Will it doesn't matter. Hopefully you'll be able to obtain a copy of the Will shortly to see for yourself. In addition if there are solicitors acting they will only do what is required by the Will or under the Intestacy Rules.
      I am a qualified solicitor and am 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 practical advice I give is without liability. I do not represent people on the forum.

      If in doubt you should always seek professional face to face legal advice.


      • #4
        Thank you for your answers and help.
        my next question .... will the solicitor handling the WILL of my dad... inform me at any stage ?
        is my only option to see the will is to search via probate application ?
        if no probate been applied for is there any way I can see the WILL?
        what is your advuse regarding entering a caveat on probate ?
        please help thank you


        • #5
          There may not be a solicitor involved with the will, but even if there was the will will have been given to the executor. I'm afraid if the estate did not go to probate then there is no way that you can force anyone to show you a copy of the will. Just keep checking the probate site.


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