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

[dslippy]

A small point, but a pension fund built up over years is there to be translated into an annuity on retirement. If that was done there is nothing now left. It is now much more common not to do that, but pensions arrangements differ widely and unpredictably. You cannot assume that having built up a pension and retired there will be anything for the estate.
A well arranged company scheme might also leave any pension benefit outside the estate entirely.

[sarge]

Hi, finally managed to get some sort of information from my brother.

Intially on June 18th 2022, he said that a will was made leaving the estate to him, and that it was going through probate but there were issues with the same kind of delays that he was experiencing when trying to change the title deeds of our father's house with the land registry. (a previous probate situation). However although the Land Registry seems to have a huge backlog, I was unaware that applying for probate was also suffering from such lengthy delays.

I asked for a copy of the will but he said he didn't have one as it was still with probate.

I asked what his intentions are and he said to set up a trust fund.(but gave no further details)

In July 2022 , He said that the son of his partner, (not married but living together for about 20 years now) was named as executor, and it was signed by my uncle and my father (my father was apparently wery ill at this time and had only another 7 weeks to live)

It makes very little sense that my uncle would sign his will to someone who is not even in his direct family, but I can't get any further details about that.

On September 17th I got a little more information when I pressed him about how I could get a copy of the will.

My brother told me that he doesn't have a copy of the will as he wasn't there when the will was done. That the son of his partner handled the will, but "it is being queried by the probate office because of technical issues as it was not made by solicitors and probably is invalid."

He said "I will keep you informed of anything that happens, if it doesn’t go to the state I will create a trust that will probably include baker avenue, if you would wish to be a trustee then that could be an option. (Baker Avenue is our old home address and just seems to be avoiding saying anyone by name)

Is there a next logical step I can take ? Should I write to the "relative" who is named as executor ? Can I get information from the probate office about any possible problems with the "will" ?

I can find no sign of an application for probate as yet on the Gov.UK site.

Thanks for any help.

Lee Sargent

[des8]

Probate registry is unlikely to tell you anything, but you could lodge a standing search (last paragraph this link https://www.gov.uk/search-will-probate)

If the will is invalid an application will need to be made by the entitled person for letters of administration.
The order of entitlement is the same as the order of entitlement to a share of the intestate estate: surviving spouse, then children/grandchildren of the deceased then a whole list of people including uncles/aunts or their children.

Is your father's property being dealt with as part of your uncle's estate?

[dslippy]

We understand that you want to know all this, but there are limits, and you are reaching out past them.

The probate office should simply stonewall you. Yes, you are a relative, but not one involved in the probate action.

The executor may choose to reply to you, but I can see no reason to say that he must reply. He has indicated a readiness to assist and co-operate. Be happy.

[sarge]

Dslippy, thank you for replying and taking an interest, however I don't seem to be getting my message through clearly.

I feel that my brother is trying to cut me out of a rightful inheritance, and I simply do not accept that I am not legally able to do anything about it.

It is completely unacceptable that they can be permitted to commit fraud and avoid any consequences simply by being unresponsive.

I was trying to convey my opinion that my brother has in no way indicated a readiness to assist nor co-operate, in fact quite the contrary, he has been evasive, contradictory, vague, and deceptive.

I am very far from happy

[sarge]

DES8, thank you for your reply. I kind of circumvent the standing search by regularly checking the probate registry. As of today there has been no probate granted.

To the best of my knowledge, none of my uncle's brothers or sisters are still alive, his wife died a long time ago and they had no children. As well as me and my 2 brothers there are at least 6 other cousins who are the children of my uncle's brothers and sisters, but none of us have any contact with them for over 50 years but I expect most of them are still alive.

I guess my questions are:

How can I find out whether the will is valid or not.

Who would be the entitled person, and how would they apply for letters of limitation?

My father's will is/was a completely separate situation. However in a similar fashion, my brother got my father to sign a will naming him as the executor, and then was uncommunicative, evasive and unhelpful for about 2 years, before suddenly agreeing to pay each brother an acceptable settlement. Since then that matter has been considered closed.

Thanks as always,

Lee Sargent

[des8]

The order of priority for entitled persons is:

1. the married partner or civil partner of the deceased
2. the child of the deceased
3. the grandchild of the deceased
4. the parent of the deceased
5. the brother or sister of the deceased
6. the nephew or niece of the deceased
7. any another relative of the deceased

Form of application: https://www.gov.uk/government/public...-is-not-a-will

The grounds for contesting the validity of a will are set out here: https://www.thegazette.co.uk/wills-a...content/100023


As you are abroad I think you might find it difficult to apply for probate as you need to value the estate and pay any inheritance tax prior to applying.

You might wish to consider applying for a court order that he brings in and answers questions about the will as per section 122 of the Senior Courts Act 1981.
Rule 50(2) of the Non-Contentious Probate Rules makes similar provision where a probate claim has not been commenced.
Just telling your brother that you are considering such a step might produce the document.