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Anyone know about will readings and if the deceased's house should be shut up?

23 replies

EverybodysTalkingAtMe · 05/02/2019 18:29

A relative is about to die after a long illness. My siblings and I are looking after them at home, as was their wish. We know they have left part of their house to us in their will.

My question is, once they have died, do we have to vacate the house until the will is settled? There are a lot of clothes and kitchen stuff that we know won't be in the will and we'd like to get a start on it because we all work full time.

There are a few items that they have told us they have bequeathed and we would put all of these and anything else that looks likely to one side.

One person at their solicitors has told us that as soon as we take the death certificate the them , they will hand over the will. Yet another person there has indicated that we will need to make an appointment for a will reading.

Anyone know?

OP posts:
EverybodysTalkingAtMe · 05/02/2019 18:48

Bump

OP posts:
CatnissEverdene · 05/02/2019 18:53

When DHs dad died, we made an appointment to see the solicitor with the death certificate and they handed over a copy of the will. They also went through everything that needed doing, for example probate. We weren't allowed to dispose of any assets or touch anything until probate had been granted - that took around 6 weeks but I think can vary from area to area.

Sillysallys · 05/02/2019 18:56

In my experience the house has to be checked at least once a week for insurance purposes and an appointment for the reading of the will has to be made.

Like PP, nothing at all can be disposed of until the go-ahead from the solicitor (assuming you’re using one) is given.

Sorry to hear of your pending loss.

EverybodysTalkingAtMe · 05/02/2019 19:11

Not touching any assets - does this include old baking trays and tons of cheap clothing do you think?

OP posts:
CatnissEverdene · 05/02/2019 19:17

Sadly yes, if there are other beneficiaries it could set off WW3.

Best to wait, sadly. It's not an easy thing to go through.

Sillysallys · 05/02/2019 19:29

Exactly what PP said.

EverybodysTalkingAtMe · 05/02/2019 20:39

Yes the solicitor is the executor.

Anyone know the time scale of these things (I know, how long is a piece of string)? But the solicitor has offered us an appointment next week. If uncontested, could we move ahead with clearing straight after that?

OP posts:
GertrudeWilloughby · 05/02/2019 20:52

Crikey, this relative hadn't even died yet. Confused

EverybodysTalkingAtMe · 05/02/2019 20:58

@GertrudeWilloughby what would you prefer us to do? The family is in limbo while our relative is unconscious. We are trying to use the time wisely to plan for their wishes to be carried out as best we can, but we don't know everything we need to know.

If you prefer the scenario of us moving quietly and respectfully around the house while they slip away, listening to sacred chant music (of their choosing) with flowers and their favourite scents surrounding them, well you got it. That's exactly what's happening here right now. We have all given up work and family commitments to be here and look after them. We were offered a care home but refused on their behalf.

But we are also looking into the near future and trying to be prepared.
Which is what MN is for, right?

OP posts:
Sillysallys · 05/02/2019 21:27

I think you have to have absolutely everything valued in between death and clearing the belongings.

SassitudeandSparkle · 05/02/2019 21:32

There's no need for a will reading, who told you that?!

GertrudeWilloughby · 05/02/2019 21:34

well that's a LOT more detail than you gave originally. No need for the snarky attitude. You really came across as gold digging, if you don't mind me having an opinion. Hmm

I'm sorry that you're under so much stress at the moment and believe me I do know the issues involved after someone close has died. I hope that you find the answers you need to make your current situation easier to bear.

ivykaty44 · 05/02/2019 21:37

Sounds a difficult time for you

I make it as swift as possible with the solicitor as well - as they will charge for everything, being the executor

FadedRed · 05/02/2019 22:21

The solicitor will be able to advise you what can and can’t be done when you take the certificate/inform them of the death.
Sorry for your situation, Op. Flowers.
Not unreasonable to be asking advice on this now, you need to know what to do when the time arrives.

CatnissEverdene · 05/02/2019 22:22

If the solicitor is the executor, then you may not get a say in clearing out belongings to be honest. I really would hold back, and let them take the reins as your relative has obviously used the solicitor for a reason.

zebakrheum · 05/02/2019 22:30

Sorry you find yourself in such a difficult and trying situation, and that the end is a peaceful release.

People usually have a copy of their will that the solicitor gives them when it is drawn up. I know my mum did, and I didn't have to go to a solicitors to have it read to me, as it was with her paperwork in the house. Perhaps your relative has a copy somewhere.

Fleetwoodsnack · 05/02/2019 22:34

You really came across as gold digging, if you don't mind me having an opinion.

I'm not sure what thread you've read but it cant have been this one.

Flowers OP, this is such a hard time.

Osirus · 05/02/2019 22:39

I work in probate. There’s no such thing as will readings - they are made purely for entertainment purposes in films and TV shows to progress storylines.

If you are a residuary beneficiary you will be entitled to see a copy of the will after death.

I would be very careful about removing anything now without knowing for certain what the will says and without speaking to the executors - this is all best done post death, as hard as it may seem.

I have to say, we don’t think highly of family members who start picking someone’s estate apart before they’ve even passed away. We sometimes get people ringing from the hospital immediately after someone has died and it certainly raises an eyebrow.

I’d back off for now. It may feel inconvenient, but other full timers manage it.

FusionChefGeoff · 05/02/2019 22:44

I don't think this is really 'picking through the Estate'!!

OP wants to de clutter / get ahead with clearing a house full of belongings.

EverybodysTalkingAtMe · 05/02/2019 23:54

Yes, what @FusionChefGeoff said - we don't want to touch anything of value but wouldn't mind making ourselves useful by clearing out the clutter. I've cancelled freelance work to be able to be here and I need to return asap - apart from anything else, it's been absolutely exhausting, as I'm sure many other people on here know. There is not a single thing in their kitchen or wardrobe that any of us want and those are the things I was asking about, because we want to do this right.

I have already filled a wheelie bin full of 20 years out of date packet mixes. Gold digger that I am.

OP posts:
GETTINGLIKEMYMOTHER · 06/02/2019 07:40

Sorry to hear of your sad situation, OP, and I don't think you are being unreasonable at all. We have cleared relatives' houses, both after death, or after they've had to go into a care home. It was always a very sad process, but even if there were some nice things that were worth something, most of it was frankly stuff you either had to cart to charity shop or tip - or else pay someone else to take away. Our relatives houses weren't over cluttered at all, but it still took ages.

One tip that may eventually be helpful - a sister in law had the idea of advertising an 'open afternoon' on the local Freecycle. We put a mass of stuff in the sitting room and it was amazing what people came and took away, e.g. old saucepans we'd have hesitated to take to a charity shop.

I'm surprised there isn't a copy of the will at home, or with a relative. As for shutting up the house until after probate - which can take a long time (dh has been an executor 3 times) I've never heard of such a thing, though if a house happened to be full of very valuable items I suppose it would make sense.

I do know of a case where a relative only by marriage charged straight in and helped herself to all the deceased's jewellery, though I'm glad to say that the incensed family made her give it all back.

DelphiniumBlue · 06/02/2019 07:52

Technically,the executor should secure the house as soon as possible after the death.
However, most houses that I saw as s solicitor had already had anything of value removed. We 'd then normally arrange for a house clearance company to clear the rest.
Tbh, in the absence of an inventory, we had no idea what might have been taken out by relatives, or given away before death, unless it was raised by a would-be beneficiary.
I can't imagine that anyone would complain about what you propose, but best to get the consent of all beneficiaries before you dispose of anything. And check all pockets carefully!

CatnissEverdene · 06/02/2019 10:37

If you know who the beneficiaries are, then perhaps you can all agree a course of immediate action without having to involve the solicitor?

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