Dad died, step mum says will doesn’t need probate

[Rosy267]

Hi. My parents separated 25 years ago, and divorced when my father wished to marry my step-mother a few years afterwards. My Dad continued to pay my mother support after he retired, from an arrangement worked out when they separated, then adjusted when they divorced. My mother worked part time during their marriage, as she was raising us, and at that time was not able to contribute to her own pension. The understanding was that she would have a share of my Dad’s. Some years ago, my Dad told me that he had made provision for my mother in his will, and had appointed me as an executor to protect her interests. My step-mother (the main beneficiary) and her brother (who is a solicitor) are the other executors. My mother told me that she hasn’t received anything since my father’s death last October. My step mother says that she has undertaken all executor duties, has taken legal advice and has been informed that probate is unnecessary as all the assets were in joint names so now become hers solely. When I asked about provision for my mum, she said this stopped on dad’s death, and she and my father had mirror wills.
My next step is to ask for a copy of the will, as this contradicts what my Dad told me a few years ago. If she refuses to supply a copy, how can I go about getting hold of one, given that no application for probate has been made? She has admitted that her brother and I are both executors.

[atticus]

Write to the step mother asking for a copy of the will.

If she refuses, the next step should be a further letter - repeat the request.

After that, if necessary, a third letter: if she does not provide a copy of the will you will assume that there isn't one, and will apply for letters of administration as your father's only son, on the basis that he died intestate.

Also: obtain Land Registry title entries for the properties so that you can see the basis of ownership.

[des8]

Could OP not make an application under section 122 of the Senior Courts Act as per Rule 50(1) of the Non-Contentious Probate Rules 1987?

[atticus]

You may need to explain that.

[des8]

You may need to explain that.

I was hoping you would!

I only mentioned it because I know of a similar case where the unco-operative will holder eventually complied with a request for the document because the request include a threat of the executor making application to the registry for an order requiring the will holder to attend court with the document for examination.

[Rosy267]

Write to the step mother asking for a copy of the will.

If she refuses, the next step should be a further letter - repeat the request.

After that, if necessary, a third letter: if she does not provide a copy of the will you will assume that there isn't one, and will apply for letters of administration as your father's only son, on the basis that he died intestate.

Also: obtain Land Registry title entries for the properties so that you can see the basis of ownership.

Thank you so much. This is really helpful.
I was worried that I had left it too late. It’s 10 months since my father died- my mother was granting her some grace as a recent widow, and has only just told me her income has stopped.

[Rosy267]

I was hoping you would!

I only mentioned it because I know of a similar case where the unco-operative will holder eventually complied with a request for the document because the request include a threat of the executor making application to the registry for an order requiring the will holder to attend court with the document for examination.

Wow. Thanks for this.
Does it make any difference if the ‘unco-operative will holder’ is also an executor, do you know?

[des8]

Wow. Thanks for this.
Does it make any difference if the ‘unco-operative will holder’ is also an executor, do you know?

No..

[Pezza54]

Is it possible Rosy's father changed his original will making his new wife sole executor and didn't tell Rosy or her mother?

[InCourt]

and will apply for letters of administration as your father's only son, on the basis that he died intestate.

If he re married and had a new wife ?

[Pezza54]

I'm trying to understand why Rosy's father would put the whole of his estate in joint names with his new wife, make a new will leaving everything to his wife (mirror wills) and then make his daughter an executor to ensure his estate is left to his wife.
Rosy's step mother has admitted that herself, her brother, and Rosy are executors on the new will. Step mother's brother is a solicitor so he should be aware of an executor's duties.
Rosy should write to step mother's brother as well as her step mother asking for a copy of the will..

[Rosy267]

Is it possible Rosy's father changed his original will making his new wife sole executor and didn't tell Rosy or her mother?

Apparently not- my step mother has confirmed that I am named as an executor on the will in question.

[Rosy267]

I'm trying to understand why Rosy's father would put the whole of his estate in joint names with his new wife, make a new will leaving everything to his wife (mirror wills) and then make his daughter an executor to ensure his estate is left to his wife.
Rosy's step mother has admitted that herself, her brother, and Rosy are executors on the new will. Step mother's brother is a solicitor so he should be aware of an executor's duties.
Rosy should write to step mother's brother as well as her step mother asking for a copy of the will..

I’m trying to understand it too!
If all Dad’s money was in joint accounts with my step-mum, but he requested a sum be paid to my mother, (either as a one-off, or a monthly fraction of the widow’s pension I am assuming my step-mother now receives), I’m not sure how I can enforce anything, as surely it becomes entirely my step-mother’s money on his death?

And thank you- I did copy my step mother’s brother into my last email, asking to see the will. I’m hoping his professional ethics will outweigh family partiality.

[Rosy267]

If he re married and had a new wife ?

Yes, I think my mother would be in worse trouble if it is decided he died intestate- I’m not aware that his estate is composed of anything other than the jointly owned property, his personal belongings and the money that is apparently in joint accounts.

[atticus]

If... Apparently... but you need to verify whether everything was jointly owned. Have you obtained the Land Registry details yet?