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Checking if a beneficiary in a long term deceased Will

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  • Checking if a beneficiary in a long term deceased Will

    To give the full story, my son-in-law has a belief that he is a long term beneficiary in his deceased grand mothers Will.
    So granny died 20+ years ago. She owned the house out right, but had a daughter (son-in-laws auntie) living with her at the time. The alleged Will is supposed to state that the daughter can continue to live in the house, but on her departure, the ownership of the house is believed to state that the house ownership gets passed down to four name grand-children. My son-in-law is alleged to be one of the named beneficiaries. This information has come from my son-in-law's dad, the son of the old granny.
    Apart from that statement, the dad doesn't want to get involved. Personally, if it were my son, I would want to substantiate the granny's wish in her original Will, if it's proven.
    So what I understand, the Executor of the Will should have informed the four grand-children of their nan's wish. That said, although morally the correct procedure, it's not necessarily law.
    With the timescale involved, please can anybody advise if there is a procedure, whereby my son-in-law can legally check back on his grandmothers Will to be able to know for sure, if indeed he is a named beneficiary.
    I have thought about doing a Land Registry search, to see who is currently the registered owner of the property involved. Without thinking the worse of the auntie involved, if it is proven that she has transferred ownership against the wishes of the grandmothers Will. that will create a whole different issue. First things first, need to establish what was in the original Will.
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  • #2
    Copy of will, if probate obtained, can be obtained here: https://www.gov.uk/search-will-probate

    Land registry search here: https://www.gov.uk/search-property-i...-land-registry

    Without grant of probate the Land Registry Proprietorship file cannot be changed when owner dies

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    • #3
      Thank you DES8

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      • #4
        Having done some checks, the house Land Registry title was transferred to the auntie in 1997. Grandmother passed in 1999.
        I tried the https://www.gov.uk/search-will-probate link and found the deceased but Probate was NOT granted. This means there wasn't a requirement for the Will to be published.
        I've since found out that if Probate did NOT need to be Granted, the Will remains PRIVATE. From here, it seems that I have to find out who the Executors of the Grandmothers Will were. If my son-in-law was a named beneficiary on the Will, the Executors had a legal duty to inform him. So it's find the Executors, ask them if my son-in-law was a beneficiary, If they refuse to let him view the Will or confirm whether he was or was not a beneficiary, with reasonable reason for asking, to view the PRIVATE Will, this will need a legal process via a Solicitor.
        If this is NOT case, and there is an alternative way to view a PRIVATE Will, any help on advice would be very much appreciated to persue.

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        • #5
          To save my typing here is an excerpt from https://www.judge-priestley.co.uk/si...ate/citations/

          Citation to take Probate is another option available to parties with an interest in the estate. This Citation is for circumstances where a party has taken some steps toward administering the estate without formal authority, but also does not complete the steps and finalise the estate. This type of action is called intermeddling, and can result in that person being responsible for full administration of the estate. A Citation for Probate is an option to beneficiaries forcing the intermeddling person to formalise their role by obtaining a Grant of Representation and completing the action. If the intermeddler does not take these steps or file an Appearance in response to the Citation, then the beneficiary can seek Court directions either for the intermeddler to obtain a Grant, or allowing the beneficiary to obtain a grant themselves.

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