AIBU to think this is spiteful even if you do not like someone !!

[Nogymjustcake]

Hi,
Backstory is that my biological grandfather died quite young ( early 50's ) before I was born.
My nan met a man who was also widowed at a youngish age. They both had grown up children.
They have lived with one another for 27 years.
He is the only grandad I have known, always turned up to birthdays, special occasions.
We saw him regularly and he always saw us like his own.
Recently he lost his fight to a long on going disease.
Throughout this he still lived with nan and she cared for him.
The weeks leading up to his death he became to unwell for her ( now heading in to her 80's ) to look after.
The hospital said he would need to go in a hospice. His daughter refused this and took him to hers.
We have been waiting for funeral arrangements.
We were then initially told it was staking a while because they wanted him to be buried with his wife.
Then a few days later they hasn't text to say that they did not want my nan or the rest of the family to attend and that she was not invited and not welcome.

Why would a solicitor be in touch about the will? I did the probate on my parents' wills myself. No solicitor went anywhere near them.

Someone should get in touch with the solicitor Grandad used. If you don’t know, phone round local solicitors, and tell them you know your Grandad made a will, but you can’t find a copy, so you are phoning round local solicitors to find out if they drew up a will for him.

A solicitor who draws up a will normally keeps the original copy. They won’t mind you asking if you hold a will for a particular individual.

I do hope you manage to get some help for your poor Gran.

A solicitor should only confirm they hold a will if the person asking is the executor and they have the death certificate. They may tell you if they hold a will if you are not the executor, but nothing about its contents.

Would you be able to text back something along the lines of 'That's incredibly unkind, he was my grandfather and I loved him; my Nan loved him for 27 years. She's an old lady and will be very hurt'.

Bluelady I wonder if the daughter is executor?

Surely his will has to be followed no matter who is named executor ?

Something similar happened to me, but my gran had already passed away. My mum’s dad died when she was a child, the man my gran married was the only grandad I knew. My gran passed away and a couple of years later, my ‘grandad’ died very suddenly. His relatives - he didn’t have children so sister, nieces and nephew - buried him and kept his things together with all my gran’s things. I have hardly any pictures of her or my mum as a youngster as they threw them all away. They didn’t tell us until after when we went to visit him and found his flat empty.

Anyone can get a copy of a will - if you pay the £10 fee - once its gone to probate.
www.gov.uk/wills-probate-inheritance/searching-for-probate-records

I stand to be corrected, but I didn't think that wills were legally binding? They were just an 'expression of intent'? So if someone was named in a will but someone else didn't tell them, they'd never know, and the money would all just get distributed according to how the executor thought it should have gone?

If the executor is a solicitor this won't happen, but if it's a member of the family, you take your chances.

What's the point of a will then if they're not legally binding.

As I said, I'm not 100% sure, but I think they are just to indicate your wishes for distribution of your assets. I am really hoping someone will come on and correct me though - I'd love them to be legally binding!

I just don't think they are.

Why wouldn't a will be legally binding? They can be contested, but only under certain circumstances, like the person want it sound mind.

It depends on the will. Dh and I have an expression of wishes will as monies would need to be placed in trust. Dd is a minor and we have to put provision in for care and the age when she should no longer need guardians / executors to help her manage her inheritance.

I imagine this would be a straightforward legally binding will. It can be contested of course.

I should have said you need to find out as much as you can about the will in case she has been left something. Sounds like the family will contest it. As I said previously find out if it is registered with the national will registry. Give them a call.

I'm not sure anyone would bother making a will if it wasn't a legally binding document.

People who believe they have the right to some of the inheritance can contest but there are very strict rules which govern this. For example if it can be proven that coercion was involved.

www.gov.uk/wills-probate-inheritance/if-the-person-left-a-will

Wills are legally binding documents unless one of the requirements which makes it legally binding are not present:

www.gov.uk/make-will/make-sure-your-will-is-legal

It is not unheard of for families to ignore Wills of the deceased. Families don’t have to deal with Probate either.