to want to see the will?

[tremble]

NC for this, just in case. We've just found out a distant relative has died, and the funeral was yesterday. My DS and I are pretty angry that we weren't told, as we knew the relative when we were children and would like to have paid our respects.

We found this out today when we got a letter from relative's sister saying that the relative hadn't signed their will, so we and a few cousins and aunts etc will inherit a share of their estate. But the sister says she wants to honour the unsigned will and has asked us to revoke our shares so she can do this. We hadn't expected to inherit anything so we're not fussed about the money which probably won't be much, but we thought we'd ask to see the unsigned will so we can be sure that if we give up our shares then it goes to the right people.

But the sister says we're not allowed see it. She won't even tell us which solicitor is handling the estate and got pretty angry when we asked, saying we had no right. Her behaviour seems a little suspicious but we haven't really any experience with wills. Is it unreasonable to ask to see it? And what would you do?

Ooh it's just like Jessica Lansbury in 'murder she wrote'.
Without the murder of course. shuts mouth and sits in corner waiting patiently for an update x

Surely if your relatives accept money in the full knowledge that it has been taken illegally then they could be in just as much trouble as her? What she's doing is not legal. Accepting that money is not legal. If she's acting in accordance with the law she should have no issue in showing you anything you ask to see. It's as dodgy as a very dodgy thing!

I don't want to hog the thread, but I suspect my dear ma is guilty of riding rough shod over a relative's will.

I'll start my own thread soon.

Good luck with your plight, OP.

there will not be loads of receipients, there will be the three siblings of which she is one so she will get a 1/3, OP's parent was another so OP and her siblings share 1/3, and the children of the remaining deceased sibling will share the final 1/3, because there are siblings of the deceased, cousins of the deceased will get nothing

We'll Maryz I didn't like to suggest, but....

OP you need to be really careful.

I doubt there is any way in hell than any estate will have been settled in a week.

I really don't believe there is no way that all the paperwork will have been done and a bank handed over all the money to one person without proper evidence.

Your relative's sister has probably acted illegally and defrauded the bank by emptying out before they have found out about the death.

If you or your other relatives accept the money then you become complicit in the fraud. They or you could end up with a criminal record, lose benefits and struggle to get employment etc in future if you are convicted.

I don't know where you would stand if the bank came after you for the money or even if you just accept it now knowing the truth.

Also the cheques are likely to be for a much smaller amount than you would be due.

Definitely stick to your principles otherwise you've given in to a bully.

Place marking.

I work for a solicitors but don't know much about wills nor estates and wills in Scotland.

What I will say is no way this will was valid unsigned and presumably the previous will was valid.

In UK you need to apply for letters of administration and you can't just appoint yourself an executor.

a will such as this, depending on what was being left to people etc can easily take up to a year if not more to be sorted, in this case as so it seems no property then probably maybe 6 months as no house sale to be sorted.

Good luck it's a bloody nightmare when relatives squabble over money etc left after a death.

Don't know the scottish system, but have had experience of people being deceived after a loved one's death. It's a horrible situation, and I really feel for you.

Could you contact her as a group and say that bearing in mind her underhand tactics, you want to make sure that everything has been done by law, so that you are all covered, and could she provide copies of all documentation including probate documents, bank account details and statements on death etc. If she is unwilling, you could say that you are prepared to report her to relevant authorities if she isn't transparent, as you want to ensure that all is above board?

Sorry, I'm placemarking.

Everyone always says it's not about the money but it's hard to Separate the money from the lack of principles.

How about another group letter from as many of you as possible asking for bank statements etc. You could include something about being worried about the legalities and won't to have everything out in the open in case there are problems in the future with the bank/tax man/benefits etc.

Someone mentioned earlier in the thread that there had been a problem with a relative turning down an inheritance with their benefits, If you used an 'excuse' like that as a reason for insisting on all the paperwork you might be able to make the letter less accusationary (sp?) IYSWIM

Just quickly FFS a bank WILL NOT just give anyone the money from an account immediately!

They need grant of probate or letters of administration, it takes hmm maybe a month to 6 weeks for GOP or LOA, then bank will then release money from the accounts on receipt of that document. But only to an executor/administrator.

In this case it would be probably best if a solicitor were appointed to execute/administrate the estate.

Also nursing home bills need to be paid and other bills paid before money is distributed from bank accounts. Sometimes the estate releases money to help eh with funeral expenses but this is very rare (not sure if this has happened or once) generally you have to pay for this as executor etc and be reimbursed from the estate afterwards.

Whatever you do and however broke your relatives are do not accept random cheques from the sister. This is illegal as far as I know to do this.

If it were me to be honest I'd ring around if not done so already all the solicitors in the area your relative (deceased one) lived to see if they held a signed will.

But if she had power of attorney and didnt tell the bank he had died couldn't she have emptied the bank account?

WhoTheFuckIsSimon - yes she could but it would be a fraud of some sort I think.

I think it would be totally illegal if she did this but she sounds like the sort of person to have the grass neck to do it and think she would get away with it.

When my dmil died who lived in social housing we were able to close her bank account with her death certificate and due to the amount in it (around 1200) which was needed for the funeral we were given it. That was about 10 -14 days after her death. I dont know if that was just because it was a relatively small amount?

I'd report the relative to the authorities. If you feel bad about your poorer relatives not receiving their share (and you can afford to), I'd perhaps lend them a couple of hundred against the eventual amount they will receive. This situation absolutely stinks and I don't think this woman should get away with such underhand and outright illegal behaviour.

gingerbread most likely that happened because there was a valid signed will, an executor of the will and there were no debts or anything left to leave to people named in the will.

Usually you need to get grant of probate etc first before other steps are followed.

And as there probably wasn't much money (or anyone coming forward to pay it) for the funeral expenses the executor probably saw it fit and easier to just let bank pay out to the main creditor (whatever funeral home would be) for the funeral. Means of course funeral home won't be chasing the executor and or the solicitor involved.

Most people with wills and probate require this to be dealt with ASAP and quickly and easily. However a few people (eg if someone dies intestate or a will is challenged (first is quite rare second even rarer)) have complex scenarios eg one man killed himself had an autistic son in a care home, left a will but a complex will, appointing his son and DW as executors but lots of stocks and shares, pensions, bank accounts etc and also property. Going back and forwards writing to these people takes time, usually letters too, sometimes emails but most people require copies of grant of probate (which a solicitor has to apply to probate registry for) to send off to eg banks etc along with copy death certificate etc. GOP copies cost money and take time to order and also probate offices open and close certain gov times and what with cutbacks can have delays (though they do well considering pressure!) - so that case took 2 years. Not uncommon but the son and wife complained re the delay.

It is imperative if you have property, assets or items of value that you make a will and even more so if you're married and have children. It is shocking how many people don't make a will and then panic and either rush making one or don't eg change their will (codicil generally if short change) if circumstances change.

And breathe.

Just a thought here. The DWP will be notified of the death and may request and over payments and also check up on Probate that if the deceased was getting Pension Credit or any other means tested benefits at time of death that he/she was still entitled to them. As executor you are told this and warned not to dispose of the estate in case you are required to pay money back.
I did Probate for my mum last year. It isn't awful but it is a very 'legal' thing to do with quite dire warnings of not doing anything with the proceeds until the full proceedings have been settled. And it was very simple with me as everything came to me but I didn't touch her money until I completed Probate.
Please take legal advice.