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Help required with family will

9 replies

willquery · 17/01/2013 21:27

Hi. I have namechanged for this and need some guidance please.

My grandfather died around 10 years ago. In his will, he left various percentages of his estate to some of his family, but this was only to happen after the death of his wife (not my grandmother). We were also left personal items from his house, although as yet we have not been able to get any of these.

We have not stayed in touch with his wife for various reasons but have learnt that she recently passed away and as you would expect, are now interested in what happens next with his estate.

We are not that close with the executor of his estate, but have been told she will be leaving it to solicitors to handle everything. However we are wondering if we should be taking action of our own now to ensure what is rightfully ours comes to us, rather than just sit waiting.

We know which solicitor my grandfather wrote his will with, but not who the solicitor is who is looking after his estate - and finding this out from the executor could be tricky. Also we do not know the solicitor for his wife's will or who is handling her estate.

So - should we just trust the system, or should we be doing something and if so, what? Contact my grandfather's will's solicitor and asking him to progress it? Get new legal advice of our own?

All help and suggestions will be gratefully received. Thank you.

OP posts:
ClareMarriott · 18/01/2013 09:23

I would'nt wait around to see what might happen as I presume you are one of the family something has been left to. I would also be in contact with both solicitors firms , as your grandfather's will could have been lodged with the first one and they may well have to liase with the firm appointed by his wife. Good luck

mumblechum1 · 18/01/2013 10:22

If everyone named as beneficiaries is still at the addresses on the will, they will be contacted in due course.

Chances are that lots of people will have moved, though in which case the executors/their solicitor will have a problem tracking everyone down, so by all means I would write to them and just let them know everyone's up to date addresses.

digerd · 18/01/2013 14:08

It depends on the actual wording of your Grandfather's Will. Did you receive a copy from his solicitor after he died?

willquery · 18/01/2013 21:51

Thank you for the replies.

Digerd yes we acquired a copy - we had to apply for a copy as opposed to the executors or solicitors contacting us. We don't think other family members know we have a copy. The wording states us as receiving a certain proportion of his estate.

Mumblechum addresses have changed and so have surnames due to marriages.

Clare thanks for the luck - we may need it!

I agree that I think we need to be proactive, so presumably the best starting point is the solicitor with whom my grandfather wrote his will if we can't find out who handled his estate.

At what point do solicitors start charging? I guess they are required to answer queries like ours free of charge?

OP posts:
mumblechum1 · 19/01/2013 09:55

OP, if you don't tell them that people have changed names and addresses they will find it very difficult to pay out the gifts, so yes, you need to be pro-active in that regard.

So far as costs are concerned, the solicitors will be charging an hourly rate for all of their time (they may even be charging a percentage of the estate but that is unusual these days). Their fees come out of the estate, you don't pay them as beneficiaries.

florencedombey · 19/01/2013 10:09

If you want to know which solicitors are handling the wife's estate, contact the probate registry and ask them to enter a "standing search" against her name. That way, when the grant of probate issues, you will be sent a copy of it and it will say at the both
which firm of sols is acting.

florencedombey · 19/01/2013 10:10

Bottom not both - on phone, sorry!

digerd · 19/01/2013 11:40

My reason for asking about the wording of the Will is because you said you were to inherit after his wife died. IF she was left everything and you and others are the heirs of what is left after she dies, she could have done what she wanted with it during her lifetime.
When my DH died, he left everything to me and stated after I died my daughter would be the next heir.
But when I came back to UK and went to make my Will, it said that all previous Wills were overrided < or some such wording>.

willquery · 20/01/2013 14:47

Thanks again for the comments.

Another member of the family had a call from the executors yesterday saying they know we're named in the will and asking for updated names and addresses, so fingers crossed it will all be ok.

Digerd it's a share of the property she was living in after his death and apparently it's already on the market.

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