Wills - Has probate been granted?

[countrykid]

The father of my friend died in November 2009. He did leave a Will but sadly it seems, not a penny piece to any of his four grown up children, which is quite a shock to them. It is thought everything has been left to his third wife. The children had remained in touch, and had visted regularly, and even more so when he became ill with Cancer, travelling long distances to do so. There had been no fall out. It's fair to say they feel hurt. He ran his own business, and lived the good life and in a really nice house. Their step-mother is unwilling to give them anything. The problem is they only have her word that they have been left nothing by their dad. She has not shown them a copy of the Will. This makes them (and me) wonder if she is hiding something.
In an attempt to find out for sure, my friend has applied for a "Standing Search" to be made, which I believe will show if a "Grant of Representation" (Probate) has been issued, and if it has, then a copy of the Grant, along with the Will, would be posted to him. This was applied for in February, but we are now into June and nothing has been received. Surely Probate would be granted by now. Can anyone advise please. Everyone is finding it hard to come to terms with, not so much the money, but the sentiment and the way their stepmother has behaved over this sad affair.

[dzug2]

It's entirely possible that probate has not been applied for yet. It's certainly not time to start worrying too much

Given that he ran his own business it could be a complex estate which takes time to unravel.

Why not ask the step mother for a sight of the will - she doesn't HAVE to show you it but it is perfectly legal for her to do so. If she refuses say you will get a copy from the Probate Office and sue her if she has lied about its contents. Well maybe you could express it more tactfully than that.....

[tamborine]

Wills take about a month for probate, depending on the office used. Since the kids are 'confused' over said contents, they can log a caveat at the probate office. The Will cannot then go to probate until a 'suitable' settlement is finalised.

In effect, the kids could demand a share, if they act before probate.

[Barmaid]

Sorry to disagree with tamborine, but Wills can take several months to go to probate. The fact that you have done a standing search will protect the position for 6 months (I think) from the date of the standing search.

Whilst advice has been given to lodge a caveat,that should really only be done in cases where there is doubt over the validity of the last will. There is nothing your post to allege such doubt. Lodging a caveat when there are no substantial grounds for dispute over the validity of the last will could result in adverse costs. Even if the last will was invalid it would depend on when the former will was made since marriage to the third wife would invalidate all previous wills.

From your post the best that could happen is a claim under the Inheritance (Provision for Family and Dependants) Act 1975 for reasonable financial provision and to do this a grant needs to have been issued. However, your post is lacking in sufficient detail for full advice.

I would suggest you take advice from a solicitor asap.

[countrykid]

Thanks for replies. Lodging a caveat is an idea, but would they all need to do so, and do they first need to establish that they have defintely not been included? Presumably if they had been included, the solicitor would have contacted the children. One of the children did ring the solicitor who is handling the matter, and asked if he could see the Will. The solicitor said it was not for him to decide, but was up to the executor (the stepmother!)

[Barmaid]

Anyone can lodge a caveat if they have sufficient interest in probate not being granted to the last Will. However, on what grounds would a caveat be lodged? Think about this and take some advice before you lodge one.

[cassa333]

I was under the impression that anyone mentioned in a will had a right to see it before probate?

[Barmaid]

No, noone has a right to see any WIll until after probate is granted and it then becomes a public document. However, it is good practice to disclose a copy.

[Ankou]

when you say nothing has been received, you should have received written confirmation that the standing search has been entered. the letter will give you the reference number allocated to your standing search.

if you haven't got this, then you need to contact them asap.