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Contesting a will

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  • Contesting a will

    Hello, my dad passed away 6 months ago.

    He legally still married to my mum but separated. Yes was living with his partner at the time in rented accommodation.

    Me and my siblings may have to contest the will as she may got for 50% of the property he owned with my mum.

    My question is his partner won't let us see the will so we don't actually know if we need to co test or not so do we just wait and see to see if probate goes in , up until now we can't find anything to say it has?

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  • #2
    Sorry to hear about the loss of our father.

    Until a grant of probate is issued, only named executors of the Will are entitled to see it. While beneficiaries can request to see the Will at this stage, it will be up to the executor to decide whether or not they share the document.

    Once a Grant of probate has been issued, a Will is considered a public document, which means that you can apply to the Probate Registry or a copy.
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    • #3
      You can search the Land Registry to find out how the property is owned.
      If it states owned by your father and mother as joint tenants (as opposed to tenants in common), the property has passed to your mum and she is now the sole owner


      • #4
        It's easy to get a copy of the Will online once probate is granted from gov.uk: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)

        All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.


        • #5
          Originally posted by PallasAthena View Post
          It's easy to get a copy of the Will online once probate is granted from gov.uk: Search probate records for documents and wills (England and Wales) - GOV.UK (www.gov.uk)
          What if probate was not necessary nor obtained? I am just starting on my MIL will, and I now understand that if there are no assets other than joint bank accounts and Joint ownership of house, then all passes to the other joint holder, and no probate is required? Am happy to be corrected.


          • #6
            Yes you are right. If all assets are in joint names, the assets can usually pass to the surviving spouse or civil partner without probate
            Did you check the land registry to find out whether your mother is named on the deeds as a joint tenant?


            • #7
              but elsewhere Fireman says that the property was jointly held as tenants in common.
              Lawyer (solicitor) - retired from practice, now in academia. I do not advise by private message.

              Litigants in Person should download and read this: https://www.judiciary.uk/wp-content/..._in_Person.pdf


              • #8
                The house is definitely TIC. I asked the probate question as an aside.


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