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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Wills. Reading them.

33 replies

Nottobesoldseparately · 04/03/2019 15:50

Not AIBU as such, but.......

When someone dies, with a will, is there a legal requirement for it to be read?

If there is, and it's not read, who would be in trouble and who would you report it to?

I've always known it to be an automatic process which is part and parcel of dealing with the death of a loved one so never questioned the legalities.

Background. Family member died, his wife has refused to have the will read, as she inherits it all anyway, being the spouse. We beleive this to be the truth, however there are adult children, grandchildren and great grandchildren who are more than likely to have been left something in advance of the wife dying. (Relative was very wealthy, he died about 3 years ago)

Not my business and I won't inherit, but, my mum has just been informed , by the deceased's wife, that she's the executor of the will and my mum is wondering what the hell she is supposed to do now?

Any ideas?

OP posts:
lljkk · 05/03/2019 08:16

Please update us when you have more info, OP. Sounds like something fishy going on.

mummmy2017 · 05/03/2019 08:24

Can your mum tell your aunt she needs to see the will.
That way at least you can sort it.
If he just left it all to his wife, it is quiet easy.
Also if f not retired , look to see where pensions are, as your aunt gets the chance of a lump sum...

CoolJule43 · 05/03/2019 09:14

Have a look at www.gov.uk website which is very good at explaining these things.

Gth1234 · 05/03/2019 15:40

A will is a matter of public record, so you can certainly get hold of it.

It's up to the executor to administer the will, so I doubt there has to be a reading.

CuriousaboutSamphire · 05/03/2019 15:47

A will is a matter of public record, so you can certainly get hold of it. Only if it has been formally lodged somewhere. One written at home and kept in a drawer won't be on record anywhere! OPs mum only really has one initial option, ask to have the will so she can deal with it!

Gth1234 · 05/03/2019 15:47

Now I've read it all. If your mum is the executor, then it's her job. The executor/relatives will need to notify various people, regarding house ownership, bills, bank accounts etc etc. You will need letters of probate to do that.

Was your mum told she was going to be named as the executor? Did she agree to it?

Money always causes problems. The more money, the bigger the problems.

longearedbat · 05/03/2019 15:50

@Gth1234 it's only a matter of public record once probate has been granted, by which time the executor/s will have done their job, taxes, if any, paid and all bequests made.

ChicCroissant · 05/03/2019 15:51

There is no legal requirement for the will to be read. It is amazing how often this crops up on MN!

If your mother is the executor she will have to apply for probate, which involves the filling in of forms and attending the local probate office for an interview (not actually as bad as it sounds).

It is possible to sign away your responsibility to be the executor, before doing so I would see if your mother is the only one - it is more usual to have two just in case one does decide not to do it - and speak to the other executor(s) to see what is happening. She does need to see the will.

Have you checked to see that no-one else has applied for probate first?

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