Uncle died, how do I find out if there is a will and what happening wth his estate.

[sarge]

Hello, I am hoping to be pointed in the right direction for action I should take.

I have heard that my uncle has passed away (likely over the Christmas to New year period 2021). He was 90, a widower and had no children. My father had been his sole remaining brother (I believe), and was expecting to inherit his brothers bungalow. However my father died of cancer a couple of years ago, which left my uncle with no immediate relatives. I have been in Japan and not freely able to travel back home to the UK, my brother who was to a small extent looking after my uncle, (he was very independent when I last saw him). has not informed me of his death and there has been no mention of any will, or any executors or anything really.

Of course I should try to get information from my brother, but if he not forthcoming (we have just had a 2 year battle over my father's estate), how can I find out if the death has been registered, if there is a will and how to get hold of a copy of the will.

I believe that as he had no children, spouse or brothers and sisters, then the estate is shared between the nephews and nieces.

I have found no grant of probate on the government site as yet.

What can I do to get official information, what should I be doing?

thanks in advance,

Lee

[Sam101]

Rather difficult unless in your 2 year battle, there may have been solicitors involved?

From what you have said, if there was no will, the estate would pass to surviving family, of which you are part. However, if there was a Will, it may have excluded you.

The value of the estate would determine if Probate was needed, in which case, you can obtain a copy, butif Probatenot required, then it may be that your brother would apply to administer the estate.

Ask your brother if you are a beneficiary.

[sarge]

Hi thanks for replying,

In the 2 year battle there was no solicitor involvement, just a ridiculously long wait for the executor to perform his duties.

Is there no other way of finding if there was a will without asking my brother ?

Although I will try. I'll let you know what happens.

[des8]

As there was/is real property in the estate, whoever settles the estate will need a grant of probate (or letters of administration if no will) to deal with that aspect.
A will is a private document and an executor does not have to release it to anyone, so it is virtually impossible to find out if the person holding it does not co-operate

? your other brother have any ideas?

You can otain a copy of any death certificate here: https://www.gov.uk/order-copy-birth-...ge-certificate

[greyfur]

How did you hear about your uncle's death if your brother did not tell you? If someone else told you, would they have more information?

[sarge]

Greyfur - I have 2 brothers, the one who is likely to be the executor mentioned it to my other brother, but has not been forthcoming with further details.

Des8 - thanks for the link, I will try to obtain a copy of both birth and death certificates.

Sam101 - I have sent a detailed letter to my brother, no reply yet. Also when I said no solicitor involvement, I meant that we finally managed to resolve the previous situation without having to go to court or employ solicitors. Of course the will was originally drafted with the help of a solicitor.

Which makes me wonder if my brother has used the same solicitor to draw up a will for my uncle. If so would it be worth contacting them to find out if they have a will on record and are acting as clients for my brother?

[sarge]

Well, after sending an email asking what was happening, and 2 reminders, I'm not getting any reply. Any ideas what my next step should be ?

thanks as always

Lee

[Sam101]

Did you try the solicitors?

[dslippy]

Until probate there is no way of reliably tracing a will before probate.
You can register a caveat at the probate registry which will ensure hat you are notfied if anyone applies, but that may not be appropriate here.
In the absence of a will someone takes out a grant of letters of administration. THe right to make an application follows strict rules, and you need tp draw up a family tree. It may be right that you have an interest in the estate but it is not quite as simple as you appear to think.

[sarge]

Dslippy,

I don't know what has led you to believe that I think it is easy. I was of the opinion that it was nigh on impossible ???

I have been checking, and there has been no application for probate up to now. The house is worth at least £250.000 and I'm sure he would have had considerable savings as he retired on a good pension and lived all his working life with his wife as a double income no kids family. I'm fairly sure that probate will be required.

Sam

I haven't tried to contact the solicitors yet. I was waiting to see if my brother responded, and made things easier. I wonder how to approach the solicitors. If my brother has got himself named as the sole executor and no specified beneficiaries (as he did with our parents' property) then the solicitor is obliged to work on his behalf, and is presumably under no obligation to disclose any information at all ?? However, I do think that I am one of several cousins who are the closest living relatives, if there is no will it could be necessary for me to apply for probate. But if there is a will then the executor would do it. So it seems I have a valid reason for asking if there is a will or not. How should I go about asking the solicitor in the best way. ?

[Sam101]

Perhaps explaining your relationship as well as other members of the family tree may be best. You are correct that if the solicitor only acts for him, then he cannot discuss matters with you but making him aware of other family matters and requesting his help with information may help

For your information, when any property has an interest on it, such as a mortgage or debt, or indeed a family member's interest, which you may have, then notification of such an interest may be appropriate if no other avenue exists. At least it would ensure that notification is given by the Land Registry when some action is being taken

Try and speak with the solicitors first, but don't try to push too hard as you are looking for help and guidance to understand matters following his death. If you get nowhere then firmer action needs to be taken.

[sarge]

Hi again,

I made a little bit of progress with this. I managed to get a few one word responses to some questions from my brother. There is definitely a will, he says he can't send a copy of it because it is with probate (???) He seems to be the named executor, and no beneficiaries named. He says he is planning to put the proceeds into a trust fund, presumably for his son. Doesn't want to say much else. Any ideas for the best line of questioning ?

[des8]

sounds as if the entire estate has been left to a discretionary trust and the trustee(s) decide who is to benefit.

So he has filed the will wth probate, without taking a copy.
I think that's odd, but then I take copies of all correspondence automatically, but I know others who never bother.

You can apply to Probate registry for a standing search so that a copy of the will& grant are sent you when issued
Cost £3(?)https://www.gov.uk/government/public...ment-form-pa1s

[atticus]

Any ideas for the best line of questioning ?

"Can I please see the Will?"

[des8]

"Can I please see the Will?"

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