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To think that Grandfather's will has been conveniently 'lost'

(14 Posts)
elodie2000 Sat 06-Aug-16 08:49:19

My Grandfather andfather died at the end of last year. He'd been in a care home for 2 years and his own property was left empty.
He had one surviving child, my uncle who has felt with everything himself
I know that the care home fees were stacking up and that when he died, money from the sale of his house would be needed to pay the debt.
My uncle was given grant of probate, the house is still not on the market and Gov.uk records show no will has been declared but probate has gone through.
I know my Grandfather had a will & all 5 of his remaining relatives are named in his will. He told us this many many times.
Very little, if any, actual money will be left when house is eventually sold and when the care home is paid off. He had nothing of real value really) so that's not my concern.
My concern is that his will just disappeared. It was never registered by my uncle. Can people do this? I know that my Grandfather wanted the proceeds of his house to be shared and sadly events took over and he could never foresee it being eaten up by care home fees.
I just want to know what his will said!
Can the person applying for grant of probate decide whether or not they declare the will?

Mairyhinge Sat 06-Aug-16 09:07:19

Hi, if here's a will you can get a copy of it. Everyone is entitled to see anyone's will, I believe it's only the queens will that won't be privy to anyone. A friend of my mum has a copy of princess Diana's will!!
It's a government website that you can apply to get a copy, it costs a small amount, but if there's a will you can certainly get one.
Search online and you'll find the way to do it.

elodie2000 Sat 06-Aug-16 09:10:38

Thank you Mairy! smile
The problem I've got is that the existence of the will wasn't declared! My uncle didn't present it to probate and there is therefore no record of it on Gov.uk!

RNBrie Sat 06-Aug-16 09:12:40

Do you know which solicitor drew it up? They might be able to provide a copy.

elodie2000 Sat 06-Aug-16 09:15:49

No but I know he had a copy of it at his house. My uncle (only remaining child) is the only person with access to my Grandfather's house, belongings & paperwork :/

sohackedoff Sat 06-Aug-16 09:18:47

You only get Probate if there's a Will, otherwise it's Letters of Administration. Speak to Care Home to see if they held it. Law Society Gazette used to have a section in which people (usually Solicitors) could enquire if any other Solicitors held a Will. Otherwise, either ask your Uncle or perhaps contact local Solicitors firms?

Fianceechickie Sat 06-Aug-16 09:19:56

I think you would probably have to hire a solicitor yourself and get them to write to your uncle/granddad's solicitor asking where the will is if you think he's intentionally 'buried' it. I'm assuming you don't feel you can ask your uncle directly? If you could that would be preferable. Just say you know there's no money but would like to know what your grandad would have wanted? It would cost you money and create a massive family drama bringing in lawyers and I'm not sure from what you've said it would be worth it at all but can't see what else you could do unless as I say you could just ask him. Seems odd not to present will if there's nothing to be had. I'd be a bit suspicious. Massively annoying situation...

mrsfuzzy Sat 06-Aug-16 09:21:55

if probate has gone through the estate will still be administered by appointed person although it is more complicated if there was no will. i should think that care home fees and debts will take most of it then the remainder will most likely go to the next of kin or if there is none the treasury, it is so important to make a will,

elodie2000 Sat 06-Aug-16 09:22:41

Sohacked Gov. UK shows a date of probate for grandfather but instead of saying 'Grant and will' (like all the other people listed) it says 'Grant only' for my Grandfather.
Do you know what that means? I'm confused now!

elodie2000 Sat 06-Aug-16 09:25:57

Thank you fiance You are spot on. No money, nothing material to be gained.
Just want to know what Grandfather wanted us to have if things had been different.
He was lovely.

elodie2000 Sat 06-Aug-16 09:28:38

Probably not worth the hassle & don't want anything to do with uncle. I'll let it go I think!

Jessbow Sat 06-Aug-16 09:45:07

If there is no will, there is a 'Pecking order' of inheritance that he will have to adhere to anyway.

senua Sat 06-Aug-16 09:50:13

Phone every solicitor in town and ask if they drew up the will. If they did then they will have a copy.

Vixster99 Sat 06-Aug-16 11:21:59

Jessbow has a good point about the pecking order if no will was produced. As a grandchild you (and your sibs if any) are entitled to inherit your deceased parent's share.

If you apply to the Probate Office for a copy of the grant they should tell you how much money was involved. It will be the net amount after all debts have been paid. Then you can decide if its worth pursuing.

Has the house been transferred into your uncle's name?

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