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Will returned.

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  • Will returned.

    Can anyone please advise.
    Apparently the Will is being returned from Probate due to a clerical error in the formatting.
    The Will written by solicitors in 1984 has 5 written clauses but unfortunately the have numbered the 1, 2, 3, 5, and 6 ! The number 4 is missing.
    What will happen next please?
    Tags: None

  • #2
    Can you believe anything the executor says? One day he tells you there is a spelling mistake in the will, the next day there is potentially a missing clause.
    The main beneficiaries need to get a copy of the will and investigate in case it is not just a clerical error and an important clause is missing.


    • #3
      We are having serious concerns. He now tells us they also require form CA14? as the other joint Executor is of ill health. Well it's our understanding as he informed us that he had approached his wife for this (a letter from his doctor?) Now he's telling us that he didn't obviously send it if they're requesting it.
      we feel he is out of his depth and won't admit it.
      Unfortunately he has distributed funds from the deceaseds bank accout in accordance with the will so how can he now pay for anything going forward?
      his wife (2nd) is granted within the will that she can remain in the house but his daughters get the house (1st marriage) after shes gone. So there's no ability to free up funds from the sale of the house, but he knew this from the start!


      • #4
        You are right not to trust this executor.
        He must have obtained the Grant of Probate.
        Without this the deceased's bank will not release funds from the deceased's account. Banks are v strict about having all the correct paperwork in place..


        • #5
          Have you checked the government's Probate site? If Probate has been granted it should be listed there and you can download a copy for a small fee.

          Search probate records for documents and wills (England and Wales) (probatesearch.service.gov.uk)

          Probate/copy wills take about 14 days after Probate is granted before they appear on the site.
          All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


          • #6
            He must have obtained the Grant of Probate.
            Without this the deceased's bank will not release funds from the deceased's account.

            Not quite.
            All banks have self imposed limits on how much they will release from the deceased's account without probate being required.

            The limits can be found here: https://www.co-oplegalservices.co.uk...s-for-probate/


            • #7
              Thanks Des8
              How things have changed in banking. 10 years ago Barclays would only release to me enough money for the funeral.
              Now they are prepared to release 50k based on copy of the will, death certificate and executor ID


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