Wills - executor and probate ques/help

[carocaro]

Background

My paternal Grandmaother died in December, my Dad died ten years ago, I have two Uncles (Dad's 2 brothers) one is not interested at all in the will the other has always been a difficult character.

My brother and I have had no contact with my difficult Uncle since the funeral, my Grandma told my brother that he was to be the executor but he never saw or got a copy of the will. We were told we would get my Dad's share between us eg: a third between us.

The house she lived in has been sold.

Questions

Will we ever found out what the will says?

If nothing has been left to us, can we challenge it?

It takes 3 months for a will to be published but can any money be distributed before then?

I have looked around the web for answers but am very confused so any help is much needed and appreicated.

Thanks

[ABetaDad]

The executor should get a copy of the Will and find out what it said. If I were your brother I would get a good probate solicitor to assist. Wills are public documents.

If there is a significant sum involved there are also serious tax implications. Not paying the inheritance tax can land the Executor in serious trouble.

[carocaro]

how do you found out who the excutor is?

[carocaro]

Thanks for the info, the house was sold when she was still alive to use some of the funds for a nursing home. I presume the £ just went into her account.

We have been unable to find the solicitor who is dealing with the will and have sent off for a copy of the will as it has now been 3 months since she died.

Will the say who the solicitor is dealing with her estate?

[carocaro]

Thanks for the info, the house was sold when she was still alive to use some of the funds for a nursing home. I presume the £ just went into her account.

We have been unable to find the solicitor who is dealing with the will and have sent off for a copy of the will as it has now been 3 months since she died.

Will the say who the solicitor is dealing with her estate?

[prh47bridge]

The search from the probate registry will tell you who the executor is as well as getting a copy of the will. If nothing comes up you can set up a standing search which you have to renew every 6 months. However, if she left less than £5,000 there may not be a need to apply for probate, in which case you won't find out anything.

As the house was sold while she was still alive, there was no need to apply for probate for that. It is possible that no-one is currently acting as executor.

If no-one has seen the will she may have died without making one or it may not have been found. You need to do a thorough search of her papers and check with her bank and solicitor.

Challenging a will is possible if it is not signed with two witnesses, if she was not of sound mind when making the will or if she was under pressure to write it in a particular way. You cannot challenge the will simply on the basis that she hasn't left you anything.