Question about a will

[GColdtimer]

A good friend if the family knows, or strongly suspects she has been left a small legacy in a will.

The man in question died last November. Whilst he had a lot of money the vast majority of it was going to charity with about 4 small legacies for people who had been kind to him. Now of course it could be that she was never in the will at all, but how can she find out? She is worried something ofd is going on. She has applied to the registry for a copy of the will but it hasn't yet been posted. She has also recently emailed the lawyer who is the executor but he has not responded. She is not money grabbing by the way, the legacy the man told her she has left was pretty small as he wanted to leave most to charity. She is more worried the will hasn't been honoured and that there is something odd going on.

Are there any procedures in place for having to pay legatees in a certain timeframe, or indeed notifying the legatees that they have been left something?

[GColdtimer]

I meant to say, the man was in a home, no family, no property so nothing overly complex.

[Alwayscheerful]

Specific legacies should be paid out within 12 months of probate, after 12 months interest is payable. There is no time limit for the residual beneficiaries.

Any member of the public can apply for a copy of the will as soon has probate has been granted. Probate proves the will is valid.

The executor may opt to send a copy of the will with the cheque or he or she may choose to only send a copy of the paragraph pertaining to your bequest. In any case the will is a public document and if you make a request the solicitor will more than likely send you a copy.

Dealing with wills and probate is a lengthy process, if probate takes 6 months, it could be a total of 18 months before your cheque arrives.

[MrsHoratioNelson]

Also small legacies that are cash gifts will depend on there being sufficient money in the estate to pay out after fees and inheritance tax. Sadly, there may not be enough.

[GColdtimer]

Thanks both. Should the executor have told the beneficiaries before probate is granted? Should they have been informed they were named in the will?

[GColdtimer]

Just bumping last question about notifying beneficiaries. Thanks

[mrsmalcolmreynolds]

Not an expert but I very much doubt it - if probate is not granted for some reason then the "executor" would have no authority to deal with the estate so they surely can't be under an obligation to do anything in the way of notifying beneficiaries before probate is granted?

[MrsHoratioNelson]

Agree. DH received a small bequest from his grandmother and the first he heard of it was the cheque arriving.

[Alwayscheerful]

I agree, it us the granting of probate which proves the will. Technically the main beneficiaries are not entitled to a copy of the will until probate has been granted? You could write to the executor and ask how the estate is progressing.

[GColdtimer]

Ok. That is useful to know, thank you.