Meet the Other Phone. Protection built in.

Meet the Other Phone.
Protection built in.

Buy now

Please or to access all these features

Legal matters

Mumsnet has not checked the qualifications of anyone posting here. If you have any legal concerns we suggest you consult a solicitor.

lost/missing inheritance. Any advice greatly appreciated.

13 replies

Objection · 12/06/2014 21:15

My paternal grandmother died 20 years ago leaving my cousin and I some money and some shares in her will. We were not to receive this until we turn 23 (me in 6 weeks and my cousin next year).

My mother (divorced 21 years ago) told me about this 6 months ago and encouraged me to investigate.
She knows very little other than the total sum is high (at least £20k possibly, but not likely, up to £500k) and that my late grandfather and great uncle were/are the executors.

I've been estranged from my father for 3 years and my only other relative on that side is my Aunt (aforementioned cousins mum) and she hates my mother and subsequently me. So can't really talk to her.

I contacted my great uncle as the only living executor but he seemed very confused, thinking the will had been closed. My mum said he had never been well organised and was quite lazy. We suspect my late grandfather (a brilliant and very generous and money savvy man) was the main executor and this is why great uncle knows little. Great uncle has no record of the will.

After some encouragement, he dug through his files and found a letter from the SRA stating the solicitors used had been closed and they now had all the records.
I used the ref and contacted their archives (long long process with lots of hoops to jump) but they claim to have to record of the will.

I'm now at a loss as what to do? My great uncle believes it to be closed, the active executor has died and the rest of the family are uncontactable.

I'm loath to hire help as I understand they take a huge chuck of what they find.

Any advice would be greatly appreciated!

[Sorry for length!]

OP posts:
WeLikeToParty · 12/06/2014 21:32

My first thought would be to get a copy of the will. If probate was granted (which it sounds as though it should have been with the sums of money you are talking about) then you could apply to get a copy grant and will from the central probate registry records. You can then see the exact terms of the will and what was left to you.

Then take it from there. Go back to the solicitors and make sure they have looked in the right place. You say they haven't got a record of the Will, but if they are the firm who 'inherited' files from a closed firm then they wouldn't have a record of the will but they should have a record of the probate file. If the firm who dealt with the probate were worth their salt, even after the file was closed they should keep a set of estate accounts 'just in case'.

Good luck

WeLikeToParty · 12/06/2014 21:35

massive fail Sad
www.gov.uk/wills-probate-inheritance/searching-for-probate-records

smellyfishead · 12/06/2014 21:44

here Wink

poshfrock · 14/06/2014 13:56

Well the first thing to do is to get a copy of the will and probate as you have already been advised. Although the estate administration has been completed there should have been an ongoing trust for you and your sister. Unfortunately the most likely person (s) to have been appointed trustee would be your grandfather and your father. As you are estranged from him it is likely to be difficult to claim your inheritance without resorting to the courts.

Do you know who dealt with the administration of your grandfather's estate? If he was still a trustee at the time of his death then a new trustee may have been appointed after he died. It could be an avenue worth exploring.

Lucked · 14/06/2014 14:05

Could you contact your cousin. They will benefit from this too, his mum might not help you but surely will share any information to help her own child.

Objection · 14/06/2014 15:58

Cousin had no idea when I asked Blush I think I ruined a surprise actually Sad

I cannot even explain how much I don't want to get my father involved. One of his parting shots at me was that i'm only after money (really not true) so not exactly the best of circumstances to get in touch, as you can imagine.

I'll look into probate thing, thanks.
The executor of my grandfather's will knows there is something but that's it. He'd finished up his bit (money from grandfather) a few years back.

Can my family actually keep the money from me?

OP posts:
caroldecker · 14/06/2014 17:01

If the money was left in a trust, then the trustees look after the money on your behalf and give it to you at the end (although it all depends on the trust wording, so you need to see the will)
If they are not compling with the terms of the trust, you can take them to court.

Objection · 15/06/2014 08:28

Well I've not turned 23 yet so I won't do anything rash till then but ill go down the probate route to try a find a copy so I at least know what to expect.
Thanks Smile

OP posts:
FuckYouChrisAndThatHorse · 15/06/2014 08:37

I've no advice, but i hope this all gets sorted and something magically appears on your 23rd birthday.

If it comes to it you could always get a solicitor to contact your father so you don't have to deal with him directly.

Good luck!

ilovelamp82 · 15/06/2014 08:50

I have a similar situation in that my grandmother passed away 9 years ago. Literally weeks before she died, we had been discussing her will. (Sad, because she wasn't ill or particularly old) but as my father who had recently passed away himself was executor of the will my gran had said to me that "I wasn't to worry because my brother's and sisters would still be looked after aswell as my Aunties and their children." I never thought aboutit after that.

Not long after my grans funeral my Auntie who we only ever saw maybe once a year (lives in Scotland, we live in England) called up my 14 year old sister (who had recently lost her mother, father and now grandmother) and picked a fight with her. My brother and sister's and I thought this so bizarre and awful but as a result none of us have spoken to her since. Only recently did it click what my gran had said. In my Dad's absence she would have been executor to my Grans will.

I also remember my Gran telling me that this auntie wasn't happy at how things would be divided as she only had one son and my father had 4 kids and their sister had 5.

This has bothered me since. I'm not sure I would even want to claim any money but I would really love to know what the will said and if my Auntie has just blatantly done her own thing. Am I entirled to see the will, without my Auntie knowing? It would be in Scotland. Hope this all made sense

caroldecker · 15/06/2014 13:06

You can go to the probate office and get the will here

ilovelamp82 · 16/06/2014 23:46

Thanks caroldecker

New posts on this thread. Refresh page