I would really appreciate some advice. A couple of months ago, my MiL sadly passed away. She left a Will but my Husband's Stepfather has made no mention of the Will at all, which we found rather odd. He has also rejected any offers of help from both my Husband and SiL in assisting with her financial affairs. My Husband saw his SF at the weekend and when the Will still wasn't mentioned, my Husband casually offered to help with sorting out his late Mum's affairs. (They were very close, as was his Mum and sister.) He said his SF brushed aside his offer, saying he was dealing with it all and that he didn't need any help from my Husband or SiL. Then he said "Your Mum left everything to me in her Will." My Husband said he and my SiL were a bit shocked and surprised, especially when his SF failed to show them a copy of the Will or give them any further details! My MiL would never have neglected her children in this way and always insisted that were anything to happen, she had made financial provision for both of them. It is totally out of character and IMHO, it fails to add up. My DH is seeing his SF again in a couple of weeks and I suggested to him that he ask for a copy of his late Mum's Will, as he requires it for insurance purposes. There has been no mention of the Will even lodged with a solicitor, which is strange too. We are getting the distinct impression there is one copy and he has it. Any other advice or guidance would be appreciated. The last thing we want to do, is upset anyone but this man's suspicious behaviour is giving the rest of the family cause for concern. Thanks!
Is he normally a dodgy bloke? How long were they married? Was your MIL widowed or divorced beforehand? (Just wondering because if widowed then usually there's a desire to give the children what belonged to their other parent, at least.)
Thanks notapizzaeater. That's exactly what I said to my DH too. It just doesn't make any sense. MY DH is still grieving and being told that at the weekend, upset him further. I'll emphasise to my DH he has every right to at least see the copy of the Will - as does my SiL.
You can get a copy of the will for £10 after probate.
I have a feeling that this will happen with my DH's dad who also remarried. I have said to him before to find out who the solicitor is and any executor(s).
When my mum died my brother was the executor and he had no idea what he was doing. He had access to my mum's bank accounts and emptied one (we never saw that money at all) and he split the rest between the 3 of us (so he said). Both him and my brother spent their shares before the estate had gone through probate!
If she did leave a will and the SF destroyed it, then there is no proof that there ever was a will, she will be deemed to have died intestate and SF does inherit everything according to the laws of intestacy (unless she died in Scotland, in which case half her estate is shared between her children).
Is there a solicitor your late MIL would have gone to?
Instead of checking with SF again, check with the solicitor. They may have kept a copy or be able to produce a receipt for their services that your MIL paid for.
The receipt won't prove what the will said, merely that a will was drawn up, signed and paid for.
Depending on how much your MIL had in assets or not, her will may not need to go through probate. But that's only if her estate was very modest - if she had significant money in the bank or owned her house, for example, banks etc need a grant of probate to release them to the executors. See www.lawpack.co.uk/probate/articles/article7391.asp for some more info.