Executor of estate

[mytimewillcome]

My ex died 6 weeks ago. We were still married but had been separated for almost 4 years. We were married for 4 years. We have 2 children aged 7 and 5. My question is that I have not been told who the executor of his estate is and he had a flat that his family is already selling. Will I be told who the executor is? I would hope that the proceeds of his flat would go to the children but I haven't been told anything.

Can he send you a certified copy?

So this is what he has said:'nobody other than the executor has a legal right to see it until after probate is granted.' Is this true?

Yes.

Once probate has been granted, the will is lodged with the Family Division of the High Court and it then becomes a matter of public record.

Is there a will, or is the family lying to you out of deference to your ex's wishes?

If an executor has been appointed without a will, then it's called 'Letters of Administration'.

Are they concocting some fake, or is it 'legit'?

There's no reason for him to be secretive about it though - it says whatever it says. He might be under the mistaken belief that you won't be able to do anything once probate has been granted. There are certain claims that can be brought after probate has been granted, it all depends on the type of challenge to the will.
You do need to stop probate from being granted if you suspect the will isn't valid though - i.e not witnessed, undue influence, lack of capacity etc.

I thought that was the case as well. That once probate was granted you couldn't challenge it. I don't think there was cohersion but there is a possibility that he wrote it before he had children so that is why I would challenge it.

The terms of the will can be challenged

www.hughjames.com/service/contested-wills-trusts-and-estates/contesting-a-will/grounds-for-contesting-a-will/

www.rollingsons.co.uk/Features/guide-to-contesting-or-challenging-a-will

www.gov.uk/wills-probate-inheritance

It is even possible to prevent a grant of representation (prevent an executor being appointed) but you need exceptional circumstances to do that.

Claiming the will is invalid should really be done before probate is granted. The deadline for claiming reasonable financial provision is 6 months of probate being granted. It really depends on the type of challenge to the will. I have PM'd you x

. . . there is a possibility that he wrote it before he had children . . . .

Is there a possibility that he wrote it before you were married?

As his official next of kin (still married) surely you have the right to see the will?

I think I'd be insisting: show me the will or I will challenge it automatically.

Familylawsolicitor thank you. Very helpful. I have contacted my solicitors and they will have to get him to email the will but I think I will have to stop probate being granted. And Quinions I meant he wrote it before we got married.

Marriage voids a will and In that case the intestacy rules apply - you will inherit at least some of the estate as spouse and your children may also inherit, depending on the size of the estate. I agree you need to stop probate being granted on the will.

Wills become invalid if you get married. So if the will was written before your marriage then he died intestate.

If he died intestate, you can apply for Letters of Administration and administer the estate yourself or instruct solicitors to do it for you. Letters of Administration are the equivalent of a grant of probate where there is no valid will.

And Quinions I meant he wrote it before we got married.

Why didn't you say so??!

Your marriage to him invalidated that will. If there was no other will written after the marriage or after he left, then it's as if there is no will, i.e. he died intestate.

www.gov.uk/wills-probate-inheritance

I'm not sure if he wrote it before because I haven't seen the Will. I'm saying it could be a possibility. How do I find out if there was a life insurance policy? I'm pretty sure that there is a death in service and I'm going to ring to find out but there is also a possibility that he nominated his brother as beneficiary. I'm assuming there is nothing I can do about that?

There is flexibility for these payments. My husbands death in service nominated me, but once they found out he had dependants, they were quite happy to split the payment.
If the family aren't co-operative about finding any life insurance, you would have to get probate to look at his bank account, but that could be tricky because accounts are probably frozen, you'd have to talk to the bank, see what direct debits he had.

When wills are written, do they have to be dated? If they let you see the original will then you can check this.

Do you think his family are ignorant or malicious?

Do you have any legal cover on your house or car insurance?

You might find that they are able to help, at least initially, and wouldn't cost anything...

I have never seen a Will but when I do I am relying on it being dated. In fact it's the date that is the most important thing on this will for me. I'm not sure if his family are deliberately trying to stop
Me from seeing the Will because it predates our marriage. His brother is not a bad person but they are all influenced by the mother who is a bad person. Great idea about insurance. I will ask.

Did you ever live in the flat he is selling and was it just in his name? If you did live in it even if not in joint names you may be able to register at the Land Registry your spousal right of claim over the matrimonial home. Even if it was never the matrimonial home you might be able to register just to ensure they stop and think about how things will be.

You are the spouse so are entitled if no will with the chidlren to everything. Also go on line today and pay £3 to obtain the title register to the flat he owned so check whose name it is in as he may have given it to a relative before he died. If it is in his name I would call and also write to the estate agent marketing it right away and tell them the family have no rights to sell it.

Also as you say best to see what the family say too. On the probate from memory (I did my father's estate) it takes a while to get all the information of debts, assets, valuations in and information of tax owed from HMRC before you can fill in the form (if there is a will ) for the grant of probate. i was doing it very quickly indeed and it still took a few months.

Get a solicitor and apply for probate (appoint yourself as executor).