Quizzes & Puzzles1 min ago
Help with legalities after a death
Further to an earlier post regarding the death of a friend of mine, I was wondering if ethel, barmaid or any of the other wonderfully legal minded people on here could clarify something for my dead friend's daughter. They were to be homeless following his death, however I unexpectedly had a house become available that they could move into so that problem is now solved. However, the lady's half brother, son of my friend, has posession of the will and has, since they have moved out cleared the entire house without their knowledge of all valuable goods, paperwork, bank books etc when he had previously set a date with them to go through all of this later. Hence they have no idea now how much money he had in the bank, insurances etc, nor of where the will was drawn up, although they do know that the estate was to be split equally between the half brother and sister having seen the will some month's ago.That being said they also know that both executor's of the will are dead themselves. This man appears to be in the process of ripping them off as there is nothing of any value there whatsoever anymore and when they went back there yesterday the whole house looked just as if it had been ransacked. They are understandably very upset. Is there a way they can find out what bank accounts, insurances etc the deceased had and also where the will was drawn up in hopes of getting a copy? Any suggestions / advice very much appreciated. Thanks.
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This is one of the most awkward problems you can encounter in an estate.
The first thing they need to get is a copy of the will. They could try writing (or calling) local solicitors and asking them if they drew it up. I would be surprised if the original will was kept at home since normally that is kept at the solicitors and a copy kept at home (merely for safety's sake). They can check with the Probate Registry to see if it was registered there (there is a registry for Wills before death, but it is little used).
As for banks etc, most will want to see a copy death certificate and copy Will before they will release information. This is just going to be a slog finding out which ones.
Now as both executors are dead, a Grant of Letters of Administration (with Will Annexed) should be applied for (subject to an exception I state below). This can be applied for by either or both of the residuary beneficiaries. Unfortunately, one can apply without notice to the other. The Grant will be needed to release the assets unless the estate is below �15,000 and then will often be released without a Grant under the Administration of Estates (Small Payments) Act 1965. To use this latter procedure the banks will often require an indemnity but it is not beyond imagination that the brother will be able to persuade them to release the assets.
I think your friend should write immediately to her brother explaining that as a beneficiary to half of the estate and a potential administrator, she has the right to see ALL the information. I would actually advocate getting a solicitor involved now because if this guy has access to all the paperwork, it will be harded for your friend to get the Grant. There is a way it can be done (ie where you negotiate with the IR that you will provide an account of the assets once they have been delivered by the brother). Unfortunately, to get the Grant you need the original will.
The first thing they need to get is a copy of the will. They could try writing (or calling) local solicitors and asking them if they drew it up. I would be surprised if the original will was kept at home since normally that is kept at the solicitors and a copy kept at home (merely for safety's sake). They can check with the Probate Registry to see if it was registered there (there is a registry for Wills before death, but it is little used).
As for banks etc, most will want to see a copy death certificate and copy Will before they will release information. This is just going to be a slog finding out which ones.
Now as both executors are dead, a Grant of Letters of Administration (with Will Annexed) should be applied for (subject to an exception I state below). This can be applied for by either or both of the residuary beneficiaries. Unfortunately, one can apply without notice to the other. The Grant will be needed to release the assets unless the estate is below �15,000 and then will often be released without a Grant under the Administration of Estates (Small Payments) Act 1965. To use this latter procedure the banks will often require an indemnity but it is not beyond imagination that the brother will be able to persuade them to release the assets.
I think your friend should write immediately to her brother explaining that as a beneficiary to half of the estate and a potential administrator, she has the right to see ALL the information. I would actually advocate getting a solicitor involved now because if this guy has access to all the paperwork, it will be harded for your friend to get the Grant. There is a way it can be done (ie where you negotiate with the IR that you will provide an account of the assets once they have been delivered by the brother). Unfortunately, to get the Grant you need the original will.
I know solicitors are expensive, but in this case, absolutely necessary. Choose one who is a member of the Probate Section of the Law Society or a STEP or ACTAPs member since they have huge experience with this area of the law. I am currently dealing with a case exactly like this where the sister tried to get the info out of the brother. 11 years later, I am trying to unravel one unholy mess which is likely to end up in the High Court.
Working from home today, so post again if I have said summat daft and I will try and help!!
Thank you so much barmaid, you are a lovely, lovely person!
You've said nothing daft and everything in there is very helpful, I really had no idea at all how to advise tem and they really have been through an awful time already. I will copy the information on to them.
One thing I did forget is that my friend also had shares, although how many I have no idea.
Once again many, many thanks for all yor help, I'll get them to a solicitor asap:)
You've said nothing daft and everything in there is very helpful, I really had no idea at all how to advise tem and they really have been through an awful time already. I will copy the information on to them.
One thing I did forget is that my friend also had shares, although how many I have no idea.
Once again many, many thanks for all yor help, I'll get them to a solicitor asap:)
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