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How to see a copy of a Will

35 replies

HexBramble · 22/10/2015 18:08

Am I able to apply for a copy of a deceased relatives Will? How would I go about doing that? Thanks.

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Footle · 22/10/2015 18:22

Search Wills and Probate, under the year of death. Anyone can search for anyone's will. I think it cost me £10, a one-off fee.

goddessofsmallthings · 22/10/2015 19:16

Wills are not registered until probate has been granted. If your relative died recently you can apply to the Executor of their estate for a copy of the Will.

Search here: probatesearch.service.gov.uk/#wills

This link only applies to England/'Wales and there are different procedures for Scotland and Northern Ireland.

HexBramble · 22/10/2015 20:36

goddess I've looked at your link - thanks.

Her death isn't registered though. How can I find out who the executor of her will is? I have another thread running in legal about something to do with this - this is where things get tricky. If the executor is her next of kin, then they'll go nuclear on me for 'interfering' Sad

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fusspot66 · 22/10/2015 20:45

I may be jumping the gun but this thread has some useful info. www.mumsnet.com/Talk/ethical_dilemmas/1524721-Being-left-out-of-a-will-feeling-blue-and-confused?msgid=57115381#57115381

TheLastApprentice · 22/10/2015 22:07

Sorry Hex do you mean that Probate hasn't been obtained. The link given will only show deceased estates where probate has been granted. How long ago did your relative die as if recently it may be that probate hasn't been obtained yet in which case you may be able to get a copy of the Will in future from that link.

If probate is not being applied for then you're in for a bit of difficulty.

Fizrim · 22/10/2015 22:10

You mention that the death hasn't been registered - is there an inquest?

TheLastApprentice · 22/10/2015 22:14

It is still possible to obtain probate and administer an estate on the basis of an interim certificate of the fact of death rather than a death certificate.

HexBramble · 22/10/2015 22:39

Oh heck - thanks everyone, but I really am quit dense when it comes to this.
Firstly, what is probate?
Secondly, she passed away in July, no inquest (elderly, dementia end-stage Sad).
The irony is, despite how much money she had, I just want some trinkets, for me and for my DD's who adored her and miss her. My relative who has next of kin, has form for money grabbing and being very secretive with regards to all things money related.

It's awful to say, but I don't trust them to honour nor fulfil my relatives wishes.

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HexBramble · 22/10/2015 22:40

quite not quit!

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goddessofsmallthings · 23/10/2015 06:43

'Probate' is a ruse whereby goverments tax the dead unless the deceased had the foresight to protect their assets by placing them in trust(s) thus ensuring that they can't be used to to fund care home fees and minimising inheritance tax by reducing the value of the estate.

If your aunt's assets including property and money at the time of her death has a value of more than £15,000 a Grant of Probate will be required before her estate can be distributed to her beneficiaries.

If your aunt left a will her estate will be administered by the person/persons/or company such as a bank or firm of solicitors named as her Executor(s).

If your aunt died intestate her next of kin will need to apply for a Grant of Letters of Administration. You've mentioned another relative as being your aunt's next of kin and if that relative is also a niece, or a nephew, you may have equal status in law - see this link which also explains who will benefit from your aunt's estate if she did not make a will: www.probateforms.info/intestacy-theres-no-will-what-should-i-do/

Your aunt's death will have been registered prior to her funeral, but wills are only registered after probate has been granted.

Did your aunt own property and/or have substantial savings/shareholdings?

HexBramble · 23/10/2015 06:57

She did have property but that was sold off when she became to poorly to look after herself. Dementia gripped her really rapidly so she went from being independent to being in the relatives full time care. Thereafter she went into hospital, not a care home, and that is where she spent her final time.

She had substantial savings, yes, and I'm guessing share holdings too since her husband was pretty influential in the steel industry. They had no children.

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goddessofsmallthings · 23/10/2015 07:04

Is the relative you've described as being next of kin your late aunt's brother or sister?

prh47bridge · 23/10/2015 08:04

That is an interesting way of looking at probate. The more normal view is that it is the means by which an executor gets the right to administer the estate. It allows them to sell any property or shares that were owned by the deceased. Banks, etc. may want to see a grant of probate before allowing the executor to access any funds they hold.

The concept of probate existed long before the introduction of any taxes on inheritance.

Collaborate · 23/10/2015 08:10

That is an interesting way of looking at probate. The more normal view is that it is the means by which an executor gets the right to administer the estate. It allows them to sell any property or shares that were owned by the deceased. Banks, etc. may want to see a grant of probate before allowing the executor to access any funds they hold.

The concept of probate existed long before the introduction of any taxes on inheritance.

Nooo - let's dispense with this "ruse" and let anyone and everyone take what they want from an estate. First come first served.

Wink
Fizrim · 23/10/2015 14:43

Executors have to go for an interview to be granted probate (it's a formality really). The tax aspect is separate.

If there was a substantial amount of savings, then it is likely that probate will be applied for at some point, so perhaps keep checking if a will has been lodged?

Without knowing who the executor is, or where the will (assuming one exists) might be lodged there is not a lot you can do other than keep an eye on the website tbh.

Collaborate · 23/10/2015 15:36

You can actually do a standing search at the probate registry (renewable every 6 months) and they'll notify you on grant of probate.

HexBramble · 27/10/2015 23:50

goddess yes, the next of kin is the only sibling of the deceased.
This sibling has 'form' for ignoring the wishes of others and suffice to say, I am concerned that they are breaking the law.

I am also trying to search for a will for another deceased relative who passed away in 2009. It's not there. I'm feeling increasingly uncomfortable about all of this but cannot go into too much detail. After nearly 6 years since their death, why can't I find their will on the government website?

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HexBramble · 27/10/2015 23:51

of another deceased relative

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Fizrim · 27/10/2015 23:53

Would it have needed probate, if not it won't be on there?

Crwban · 28/10/2015 08:01

How many Wills are you actually searching for OP?

HexBramble · 29/10/2015 21:44

Sorry - this is sounding increasingly complicated.

I am now searching 2 wills because my suspicions have been aroused. I feel awful about it because the relative involved is a close one, but they also have form for this type of secretive behaviour.

Relatives husband passed away 6 years ago. There is nothing about it on the wills and probate website. I am confused as to why I cannot find it!

Secondly, and the reason why I started this thread, I want to try and get a copy of my elderly relatives will. She died just a few months ago. I have since received a document stating 'deed of variation' and my Relativ name on it. It came from a bank and when I phoned, they said that it had been sent in error and to scrap it. When I asked how my name is linked to the deceased elderly relatives name in the first instance, they couldn't help me.

I am utterly confused about it all, but I feel that I am being lied to somehow and simply want to know the truth.

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EldonAve · 29/10/2015 21:57

Were there any other details on the deed of variation?
Does it reference the original will?

prh47bridge · 30/10/2015 00:24

If your relative's husband held all property and bank accounts in joint names with his wife there would have been no need for probate as everything would have passed to her automatically.

HexBramble · 30/10/2015 06:13

Thanks bridge, that makes sense. If it doesn't go to probate, would it not be registered on the Wills and Probate website?

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prh47bridge · 30/10/2015 07:18

No it wouldn't. Wills only have to be supplied to the Probate Registry (which runs that website) if probate is required. If there is no need for probate the Probate Registry will not receive a copy of the will.