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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to know nothing about how wills work?

6 replies

WillWonderer · 13/05/2021 19:26

I even have a will and understand everything pre-death - but I'm baffled by the process afterwards. I've NC'd for this because it could be outing.

DH and MIL are non-contact and have been for years. MIL spent a lot of her "inheritance" from her parents before their death - and it was always made clear to her that the money she was being given was from her inheritance. DH's auntie (AIL) has not been given any money from her parents. Although, DH's grandparents understood why he went non-contact with MIL, DH thought that he had been removed from their will because MIL said to him that he wouldn't get anything in the will unless he maintained contact with her and his grandpa confirmed that (because he thought it would upset MIL too much for DH to be named, and DH cares very little about money anyway).

Just before Christmas, DH's grandma died. We didn't think there would really be a will and assumed everything would transfer to grandpa and when he passes, the inheritance would be passed down. However, AIL has said that DH is named in grandpa's will, along with his two sisters. MIL is refusing to "sign off" on the will and is consulting a lawyer.

We have no idea what DH has been left (whether it's an object or an amount) and we have no idea what MIL could be doing with the lawyer. Why does she need to sign off on the will? Does it mean she's an executor of the will? Neither of us have ever really inherited anything before (DH inherited money when he was a child but MIL took it and spent it) so not sure if this is normal or not.

OP posts:
fiftiesmum · 13/05/2021 19:37

You say DH is named in grandpa's will but isn't it grandma who has died?

Usually it is the executors job to allocate money etc according to the will once probate obtained.

TwoAndAnOnion · 13/05/2021 19:42

Im lost with the who is talking to whom.

It is the executors job to settle debts and distribute bequests. Wills are public property and as such can be obtained

www.gov.uk/search-will-probate

If the wishes aren't carried out, the beneficiaries can start legal action against the executors

WillWonderer · 13/05/2021 19:48

DH has been named in Grandma's will, and Grandma has died. I understand the role of the executors but AIL is saying that she needs MIL to "sign off" on the will. I can't see why MIL's permission would be needed, whether she's an executor or not. It's not up to her to approve the will - just to manage and distribute it.
How can we know whether or not Grandma's wishes have been carried out if we're not able to see the will? I understand DH has a right to see it after probate has been granted but how does he know when probate has been granted?

OP posts:
Aprilx · 13/05/2021 19:49

You said that DH’s grandmother died, so what he has been left in his grandfathers will is not immediately relevant and won’t be until he passes away.

To your other question, no DH’s mother does not need to and does not get to “sign off” on her parents will. Even if she is an executor she doesn’t sign off on the will. I am an executor or a will at the moment and had never seen the will until after the individual passed away.

WillWonderer · 13/05/2021 19:54

@Aprilx

You said that DH’s grandmother died, so what he has been left in his grandfathers will is not immediately relevant and won’t be until he passes away.

To your other question, no DH’s mother does not need to and does not get to “sign off” on her parents will. Even if she is an executor she doesn’t sign off on the will. I am an executor or a will at the moment and had never seen the will until after the individual passed away.

Thanks - this is why I'm confused. AIL is saying they can't get probate until MIL "signs off" on the will. I can't see any reason why she would ever need to do that. With respect to the Grandpa's will point - Grandma and Grandpa were just always on the same page on these things (she tended to do whatever he said) so if DH was out of his will then he would've been out of Grandma's too. So, that was just being said to be clear that we're a bit shocked DH is even in the will at all.
OP posts:
Tambora · 13/05/2021 19:54

It is up to the executor of the will to carry out the wishes of the deceased. Sometimes more than one executor is named, but they have no right to agree or approve anything. They have to go by what is in the will.

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