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Legal matters

Wills-how do you get to see a copy?

6 replies

flossie64 · 06/04/2010 10:06

My uncle died in January and all the family are trying to find out what is to happen to his estate. I said I would ask here as to how you can see a will. TIA

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prh47bridge · 06/04/2010 10:26

There is no central register for wills. You need to find out who's got the will. Have you been through all his papers, checked with his bank and checked with his solicitor? Are you sure he made a will?

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flossie64 · 06/04/2010 12:43

Thanks for the reply- sorry I took so long to reply- internet connection failed.
He definately left a will, but has no direct relations IYSWIM.His wife ipredeseased him and they had no children. He has 13 nieces and nephews, from his own and his wife's family, of which 3 are godchildren.
My aunnt .his SIL had details of what he wanted at hid funeral, but his (deceased brothers son) nephew took over and tried to stop all of our side even attending. I only want to find out as he has acted so strangely, and am not in the least expecting anything to be bequeathed to me.It would not surprise me if he tries to take everything for himself, not even telling his own brother. As in the past he tried to get my uncle to give him money for all sorts of dodgy schemes, including paying for his SIL to come from another country ( she never appeared) and pay medical foreign medical bills for his MIL.

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WebDude · 06/04/2010 13:01

Then it may be worth getting together with the others (nieces, nephews, etc) and together be willing to fund a solicitor - initially a formal letter indicating that other members of the family wish to be informed of what is in the will, whether probate has been granted, and who is acting as executor.

It might get that one nephew to understand that there's the possibility of a challenge or investigation and that by attempting to "shut out" others he is brewing trouble.

I quite understand it might not feel worthwhile to go down a legal route, but if there is some chance of this uncle leaving anything to other relatives (which is possible - even if one feels he is 'special') then it should be handled more openly for all to know what this uncle's decisions had been.

Hopefully his will was worded to take account of the possibility of death of any relative (to pass on their share to their children, if any, or shared among siblings if not).

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prh47bridge · 06/04/2010 13:59

That makes the situation a little clearer. In that case it may be worth contacting your nearest District Probate Registry. For a fee of £5, they will be able to tell you if probate has been granted and, if it has been, they should be able to give you a copy of the will. If you go to the registry you can do the search yourself at no cost, but it costs £5 to get a copy of the will.

It is possible that probate has not yet been granted. In this case, you can set up a standing search (another £5 fee!) which will get you a copy of the will if probate is granted within 6 months. You can extend the search for further 6 month periods for £5.

The other possibility is that there may be no need for probate in which case you won't find anything. That should only apply if the estate is worth less than £5,000. Of course, if the nephew is trying to fiddle the estate, he may not apply for probate even if it is required.

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flossie64 · 06/04/2010 15:12

Thank you again- I will write to them .
he lived in in his own house and definately that would bring the estate over the £5000 threshold.
I sound like a grabber ,but this is not the case. I just don't want that nephew pulling a fast one as he is so crooked.
The main aim is to ensure my uncles wishes are carried out and not be twisted for one mans gain.

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WebDude · 07/04/2010 21:06

Hope it all works out for the family without any undue hostility...

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