Talk

Flip

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

Legal matters

Sure she wrote will but where is it?

11 replies

WhyMeWhyNot · 05/12/2010 19:38

A work colleague passed away last week and her cremation is tomorrow. I know for a fact she wanted to be buried and she also told me that she was writing a will. That was 6-9 months ago. My question is that I presume she has written and placed her will with a solicitor but which one. She knew she was ill with poor prognosis. Her sisters in law have descended on her property like vultures and are distributing all her possesions as we speak.
If she left a note with her papers in the house saying where her will was could they just conveniently 'mislay' said note and not inform solicitor?

Can they just empty her house like this? She didn't get on with the sisters in law, she would not want this to be happening.

OP posts:

Report

Katz · 05/12/2010 19:41

this sounds wrong - i'll point hulababy over here her hubby is a solicitor specialising in probate.

Report

WhyMeWhyNot · 05/12/2010 19:45

Thanks Katz

OP posts:

Report

Hulababy · 05/12/2010 19:58

Did your friend have a husband or other family? The sister in laws have no right to go and do it, but is it on behalf of brothers who are willing to let them.

They do have a duty to investigate a will.
But if no known will then it means they treat it as her being intestate and it goes through those rules.

The burial issue is difficult. Even in a will it is only an statement of your wishes, not legal binding. Of there are executers they get final say. If no executers then it is up to the next of kin to decide.

Report

WhyMeWhyNot · 05/12/2010 20:11

No Hulababy she was widowed. She has the 2 brothers and those sisters in law, and one maybe 2 nephews, not quite sure, and a mother.
Mum lives abroad is probably over here by now for service tomorrow.
If she is classed as intestate does a search go automatically to solicitors offices in neighbourhood to double check whether there is indeed one lodged anywhere.

OP posts:

Report

WestVirginia · 05/12/2010 20:13

Wills can be lodged with a section of the Probate Registry for safe keeping.

Report

Hulababy · 05/12/2010 20:17

The mum is next of kin.

They ought to be doing a round robin letter to the local firms to ask them.

If they distribute the estate now, without a will, but a will is then subsequently found, then they'd probably have to pay anything they took back into the estate for it to be redistributed according to the will. There is no im limit for this either apparently.

I gather you are not in a position to inform them of the will?

Report

Katz · 05/12/2010 20:22

thanks hula - knew your DH would know the answer

Report

WhyMeWhyNot · 05/12/2010 20:30

I will keep my eyes and ears open at funeral and if subject comes up I'll try and quietly mention it but definately not going to go all guns blazing. They are scary women don't want to rock their boats tomorrow for sure.

The round robin has put my mind at rest she would only have stayed locally with a solicitor I'm sure.

She loved her mum dearly it's reassuring to know she will be next of kin.

Thank you so much for taking time to reply.....

OP posts:

Report

gingeroots · 07/12/2010 20:33

Could you say a bit more about lodging a wiil for safe keeping ?

How do you contact the probate registry ?

Do they charge a fee ?

Report

WestVirginia · 07/12/2010 21:20

Probate registry is a branch of HMCS.

Google probate registry or HMCS.

From memory I think they may have an office in High Holborn, London. ask them which office keeps peoples wills for safe keeping until they pass on.