Body & Soul1 min ago
Will and probate.
Hi, can a will go to probate if it has not been seen by one of the executors?
My father died in June and named my step-mother and my brother as executors, when my brother asked her for a copy of the will she said she didn't have it and it had already gone to probate!
He then recieved a phonecall from the solicitor dealing with my Dads will asking why he had not been in touch [she also told us that there was no need for us to contact the solicitor and wanted my brother to rescind his rights as executor].
We now have a copy of the will and basically it doesn't make sense!
I am having the will looked at by a family friend [used to be a legal secretary], but can't afford to engage a solicitor myself..... CAB?
Lisa x
My father died in June and named my step-mother and my brother as executors, when my brother asked her for a copy of the will she said she didn't have it and it had already gone to probate!
He then recieved a phonecall from the solicitor dealing with my Dads will asking why he had not been in touch [she also told us that there was no need for us to contact the solicitor and wanted my brother to rescind his rights as executor].
We now have a copy of the will and basically it doesn't make sense!
I am having the will looked at by a family friend [used to be a legal secretary], but can't afford to engage a solicitor myself..... CAB?
Lisa x
Answers
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When the executors apply for probate, they ALL have to be accounted for on the probate application form. It just isn't possible for them not to be, because the Registrar checks this carefully and won't issue a Grant unless they are. The form also contains options for an executor to either have 'reserved powers' or to 'rescind rights' completely. In both of these situations, the Registrar will also want a signed form by those executors confirming that what is written on the probate form. This is the foolproof way of ensuring one executor doesn't run off and get the Grant of Probate without the others knowing. It is pretty unusual that all the executors don't attend in person at the application interview. This is the point at which the Registrar takes the original Will and keeps it - attaching a copy to the GoP.
I can't help you with a Will that doesn't make sense to you - but if your brother is named as an executor the solicitor should surely be helping him to understand it - at a cost, of course.
For simple affairs, if the solicitor was not named as the executor, I don't quite understand how there is a solicitor involved at all. Did your step-mother fix that up?
I can't help you with a Will that doesn't make sense to you - but if your brother is named as an executor the solicitor should surely be helping him to understand it - at a cost, of course.
For simple affairs, if the solicitor was not named as the executor, I don't quite understand how there is a solicitor involved at all. Did your step-mother fix that up?
Thanks for the answer BM.
Yes my step-mother did set up the solicitor. She told my brother that he would be sent a form to sign saying that he gave all rights to her. Knowing my SM as I do I immeadiatley thought something wasn't quite right, shall we say. My brother asked for a copy of the will and she told him she didn't have it as it was with Probate.
It was only when the soliciter contacted my brother to ask why he hadn't signed over his rights that he was sent a copy!
When you say the solicitor should be helping my brother to understand the will 'at cost', who would pay for this? My Brother or my Dads estate?
Many thanks
Lisa x
Yes my step-mother did set up the solicitor. She told my brother that he would be sent a form to sign saying that he gave all rights to her. Knowing my SM as I do I immeadiatley thought something wasn't quite right, shall we say. My brother asked for a copy of the will and she told him she didn't have it as it was with Probate.
It was only when the soliciter contacted my brother to ask why he hadn't signed over his rights that he was sent a copy!
When you say the solicitor should be helping my brother to understand the will 'at cost', who would pay for this? My Brother or my Dads estate?
Many thanks
Lisa x
No, that's tripe - you definitely hand-over the original Will at a Grant of Probate interview - did one about 3 months ago. Probate Service don't want it / have no need of it until then.
When I made the probate application (ahead of the actual interview), the Probate Service THEN gave me the forms for the executors who are not shown as participating (either because they are reserved powers or rescinding). Then they need to be returned at or before the date of interview. It's his choice as to whether he acts as an executor - not anyone else's.
All of the solicitor's costs come out of the estate - so the amount left to the beneficiaries gets reduced.
Its a bit poor your SM unilaterally deciding she was going to use a solicitor - unless she is the only beneficiary of the Will - in which case she is merely just reducing any legacy she ends up with.
When I made the probate application (ahead of the actual interview), the Probate Service THEN gave me the forms for the executors who are not shown as participating (either because they are reserved powers or rescinding). Then they need to be returned at or before the date of interview. It's his choice as to whether he acts as an executor - not anyone else's.
All of the solicitor's costs come out of the estate - so the amount left to the beneficiaries gets reduced.
Its a bit poor your SM unilaterally deciding she was going to use a solicitor - unless she is the only beneficiary of the Will - in which case she is merely just reducing any legacy she ends up with.
Mmmmm....
The solicitor is not a executor.
Here's the best bit!!!!
It was verbally agreed sometime ago that if my Father was to die before my SM, she would be allowed to live in the house until her death and upon her death the house would pass to my brother and I. The will was written in 2003, they moved house three years ago and at first look it seems that my Dad 'kept his promise', but there appears to be some discrpancy [sp] in the wording and IF in the house move she became named on the deeds the house would be soley hers to do with as she please upon her death.....this would involve her FIVE blood children becoming beneficiaries.
Thank you for taking the time to answer.
Lisa x
The solicitor is not a executor.
Here's the best bit!!!!
It was verbally agreed sometime ago that if my Father was to die before my SM, she would be allowed to live in the house until her death and upon her death the house would pass to my brother and I. The will was written in 2003, they moved house three years ago and at first look it seems that my Dad 'kept his promise', but there appears to be some discrpancy [sp] in the wording and IF in the house move she became named on the deeds the house would be soley hers to do with as she please upon her death.....this would involve her FIVE blood children becoming beneficiaries.
Thank you for taking the time to answer.
Lisa x
hi lisa, it seems like it might be her house as your dad seems to have left it to her in his will.
to be fair, if your dad bought and paid for it, then it's not your house either.
unfortunatelty, it dosen't really matter what was said six years ago - it's what's written in the will that counts. Your dad ay have made a later promise to your stepmum for example, but if the will was in yur favour it uldn't have counted
to be fair, if your dad bought and paid for it, then it's not your house either.
unfortunatelty, it dosen't really matter what was said six years ago - it's what's written in the will that counts. Your dad ay have made a later promise to your stepmum for example, but if the will was in yur favour it uldn't have counted
While I accept that this is a Q&A site and everyone is entitled to their own opinion....do me a favour Bednobs and keep your opinions to yourself. I have been a member of this site for many years now and am only to aware of your love of playing Devils Advocate. I came on here for someone to give me advice on a very emotive issue and was giving further details to BM [again I am aware that 'anyone' can join in] and while I appreciate you are only trying to show both sides.....I've witnessed your vitriol to many times to care what your opinions are!
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