How to gain access to Will?

[Raff28172004]

My FIL (father in law) recently passed away following a short illness. Prior to his death he advised us many times that he had three family members named as Executors to his Will.
Two of the Executors being my husband and his brother, the third being one of the deceased in-laws.

Due to my FIL's health deteriorating in the last year LPA was granted to my BIL (brother in law) & his partner as they live close to FIL (we are 4 hours drive away & it was applied for without consultation from us) - my father in law was placed in a care home and shortly after his house was put on the market (again with no consultation or discussion with us - we found out about the house being on the market from a friend who happened to pass by & see the Agents sign).

My husband and his brother had a falling out a few years ago which is why they don't speak to each other. However, when we were all at the hospital together during FIL's last hours we were told that the sale of the house hadn't completed so would need to go through Probate.
I looked up some information on how that works & read that all the Executors would need to apply for a Grant of Probate - when I raised this with BIL I was told there is only one Executor (BIL) and it's in the hands of the solicitor.

I really don't know where to go from here... from talking to other family members, BIL & partner have over the last year been on five holidays abroad whereas prior to gaining LPA he would have one or two. He's upgraded his vehicle & bought lots of new equipment. He hasn't worked for 8 years, neither has his partner, so there hasn't been any change in his financial circumstances (other than access to FIL's accounts).

We know FIL intended his estate to be divided between three beneficiaries but as the situation with Executors has been changed, we wonder whether the distribution has been also. Is there any way we can insist on a copy of the Will prior to it going through Probate?

Is there anyway LPA accounts can be investigated after death of donor?

[PallasAthena]

To take your last question first, previous posters here who suspected fraud by an Attorney reported that when they approached the Office of the Public Guardian [OPG] after the death of the donor the OPG told them that they will not investigate or get involved in investigating alleged wrongdoing by an Attorney after the death of the Donor. OPG would have investigated if the Donor were still alive, but not if they have died.

It is not necessary for all Executors to apply for Probate but if only one Executor is applying they are required to give written notice of that to the other Executor(s). I assume you are in England.

There is no procedure for getting access to someone's Will until Probate has been granted. The Executor could voluntarily give you a copy but they don't have to. Once Probate is granted the Will becomes a public document available for anyone to read on the probate service website. Search probate records for documents and wills (England and Wales)

[Pezza54]

A copy of the public record can be obtained for £1.50

[Raff28172004]

To take your last question first, previous posters here who suspected fraud by an Attorney reported that when they approached the Office of the Public Guardian [OPG] after the death of the donor the OPG told them that they will not investigate or get involved in investigating alleged wrongdoing by an Attorney after the death of the Donor. OPG would have investigated if the Donor were still alive, but not if they have died.

It is not necessary for all Executors to apply for Probate but if only one Executor is applying they are required to give written notice of that to the other Executor(s). I assume you are in England.

There is no procedure for getting access to someone's Will until Probate has been granted. The Executor could voluntarily give you a copy but they don't have to. Once Probate is granted the Will becomes a public document available for anyone to read on the probate service website. Search probate records for documents and wills (England and Wales)

That's very helpful - thank you.

[atticus]

You say that your husband believes that he is one of the executors. He can contact the solicitors (does he know which firm?), say that he understands he is one of the named executors and request a copy of the Will.