Active discussions

Meet the Other Phone. Flexible and made to last.

Meet the Other Phone.
Flexible and made to last.

Buy now

Please or to access all these features

Talk
Legal matters

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

Original poster

Executor of estate

102 replies

mytimewillcome · 10/09/2017 21:17

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.

OP posts:
bunningsbunny · 14/09/2017 19:34

It would definitely be worth ringing up the Land Registry and asking them for advice - I had to ring up about something to do with my father's estate, we very belatedly discovered that some land he owned jointly with his brother had been put solely into his brother's name, not something you check when the solicitor says that they have sorted everything but older and wiser now!

Anyhow, when I rang them up, not really knowing where to start, about something that happened a long time ago, they were incredibly helpful and knowledgeable, spent time working out who I needed to approach and what to ask for.

So do give them a try, they were very easy to talk to and really knowledgeable.

bimbobaggins · 14/09/2017 21:29

You need to act fast regarding this to ensure the rights of your children. If there is property getting sold already then the other family certainly aren't hanging around.
Money really does bring out the worst in people

Original poster
mytimewillcome · 14/09/2017 22:35

So just to update you his brother has sent me part of the Will i.e. Part 1 rather than the whole thing and it dates after we separated so it's valid. But that in effect means he disinherited his children out of spite. My children are better off without him.

OP posts:
bunningsbunny · 14/09/2017 23:16

You need to see the whole thing to check there aren't any codicils attached or anything else that could be relevant...

Is the signature on it - does it look like his signature? And do the dates tally with approximately when it would have been done? No illness or any technicalities that it could fall over because of? Are they on a separate page or do they definitely follow on (rather than having pages substituted at the beginning)? Is there a solicitor's name on there (thinking of the ones I have seen, they usually have something on them to show that they have been drawn up by xxx solicitor - whether it's as part of the will or the headed paper or whatever) - might be worth ringing them up and asking for a copy too, and pointing out that it is for his dependents to have a copy of, and asking if when they drew it up they realised that he had children and was still married?

Sorry, lots of questions but all need to be asked. Good luck...

Original poster
mytimewillcome · 14/09/2017 23:20

All he has shown me is point 1 which shows he has been appointed as executor and I can also see the date. That's it. The rest is cut off. He's also blocked me on his email because he says I'm harassing him. My ex and his family are a bunch of d**kheads.

OP posts:
Original poster
mytimewillcome · 14/09/2017 23:21

It looks like he used a template. No solicitor name.

OP posts:
chewbaccathehooky · 14/09/2017 23:38

This stinks op. Seems like he's willfully keeping u in the dark. I hope someone comes along with more knowledge than me who can advise you xx

ShoesHaveSouls · 14/09/2017 23:46

You need a probate lawyer OP.

We used one, I was executor for my Dad, when he died intestate. I just looked one up - he was incredibly knowledgeable and helpful. Did loads of stuff for us - dealing with probate, the bank HMRC, and really wasn't that expensive.

I really think there is something v suspicious here - why didn't he send you the full will?? Why has he now blocked you. These are not the actions of someone who is going to use the inheritance 'for the good of the children'. This is someone who is going to pull a fast one.

I'm fairly sure your dc will have a claim to some of the inheritance.

bunningsbunny · 14/09/2017 23:59

That's not good. Definitely suggests that something dodgy could be going on if they are not happy to show you his signature and the full will. Does it even show who the witnesses to the signatures are? They can't be any of the beneficiaries apparently so if the brother was one of the witnesses it wouldn't be valid. Not so sure about if it was, say, the brother's wife or girlfriend that was a witness...

I reckon it's worth ringing the probate office and raising your concerns and asking for their advice... They might not be able to help, but they might be able to flag up as one to look at closely or investigate...

Also worth looking to see if the flat has been marketed at it's proper value - you don't want to discover that it's been marketed for show and sold to a friend for significantly less than it is worth so that they don't have to pay as much money on the estate in taxes or out to you/the dc because they're going to buy it back from the friend shortly before selling it for it's true value...

Sorry you are going through all this so unnecessarily Sad

(I'm sure you've probably done this already, but I've just googled 'death during divorce uk' and 'death during separation uk' - there are quite a few interesting articles including these:
www.kingsleynapley.co.uk/insights/blogs/family-law-blog/what-happens-to-a-divorce-settlement-if-a-spouse-dies-during-or-after-divorce-proceedings
theprobatedepartment.co.uk/separated-divorced/

QuinionsRainbow · 15/09/2017 13:50

Is the signature on it - does it look like his signature? And do the dates tally with approximately when it would have been done?

What about witnesses signatures - there should be two witnesses, anad I believe (correct me if I'm wrong) that they should not be beneficiaries of the will.

Original poster
mytimewillcome · 15/09/2017 14:27

I can't see any of that. Just his name, address, date and point 1. I imagine they will be on another page. All I can see is part of page 1.

OP posts:
quaqua · 15/09/2017 18:15

Blocking your email doesn't seem to be the actions of someone who intends to provide for the children.
Do your dc still see them?

KeziaOAP · 15/09/2017 19:21

Could it be one of the DIY format wills?

bimbobaggins · 15/09/2017 21:33

Remind your ex family that they are duty bound by law to carry out the wishes of his will . surely you are entitled to a copy of the will to see what provisions have been made for his children. Tell him you want a copy of the full will

Oldie2017 · 15/09/2017 22:54

I would say unless they send you a copy of the full will you will obtain a court order restraining the sale. Also mention you as the spouse and your children will be claiming under the 1975 Act (used if you are left out of a will - see summary at www.hughjames.com/service/contested-wills-trusts-and-estates/inheritance-act-claims/ assuming you are in England.

So even if he made a new will but made no provision then a 1975 Act can be claimed. See if the famiyl will tell you the size of the estate. You want no sales taking place in case they sell at an undervalue to reduce the 1975 claim and I would see a probate lawyer who has done a 1975 Act claim before as soon as you can. Also try to get an idea of how much mnoey is at stake - as if hardly any not worth worrying over, but if quite a bit then would be.

bunningsbunny · 16/09/2017 00:15

Definitely sounds like it is time to ring up the estate agents and tell them that you're contesting the will on behalf your dc as dependents of your ex, and that they need to hold fire on selling the property because they could be in a lot of trouble if they push a sale through when they know that probate hasn't been properly granted, the brother hasn't got the authority to sell the property under the will until it is all properly sorted out.

At the very least, you might get some more info out of the estate agents - hopefully they will have checked the will or probate or something to show that he can sell the property... And if you can say that you haven't seen anything on the will to indicate that he can sell the property (which is true - although technically speaking you're just omitting to mention that you haven't seen anything to indicate he can't sell it or that the will is valid or not Grin) - but you might get something from them or scare them into delaying things for a while.

Did you manage to speak to the land registry help desk and/or did you find out if you have legal cover on your insurance that can help with the legal side? Or do you belong to a union or other organisation (or even a packaged bank account sometimes) that provides a similar sort of service to members?

Original poster
mytimewillcome · 16/09/2017 08:16

I've spoken to a solicitor and we're going to get them to send the complete will. And yes, if the estate isn't worth much then I'll walk away. I don't think the flat is worth much as I've found out it's shared ownership; it's more now if there are any insurance policies and/or death in service. Its information gathering but I've not been told anything.

OP posts:
Ambonsai · 16/09/2017 08:21

Did you speak to HMRC? Please call them, they are very helpful and could explain this process in a couple of minutes.
Just tell them you are the wife, with dependent children, but the family are not being co-operative and won't show you the will. They can check whether they have a probate application in progress.

You will eventually have to apply for probate yourself. You have to have the death cert, sort pension, insurance, any benefits (widows)
It's one form to complete, yes you have to have details of finances, but approx figures are acceptable.
A lawyer can complete this for you, but it's not complicated, I did it myself and probate was received back within a couple of weeks. But you need the will.

Ambonsai · 16/09/2017 08:24

X-post

Oldie2017 · 16/09/2017 18:03

Good point about life insurance. he may well have written it in trust for you his wife and possibly the children like most people when he joined his company or took out the policy for a start. Also if he has a private or work pension that might pay out too.

Shared ownership flat may not be worth a huge deal. You can probably for £3 look at teh land registry website and see the price paid for it and look on line to see what similar ones are worth and have a guess at whether any equity left in it. Pensions are often people's biggest assets - might depend on job, teacher and NHS pension can be good and some people put a lot into a private pension although most cannot afford to.

bimbobaggins · 19/09/2017 05:42

This has just came back to me but you may be able to apply to the estate for child maintenance even if your ex hasn't left any provision in his will.

pluck · 19/09/2017 09:00

Just finished reading the thread and all the very helpful advice.

It's very striking that the brother only sent you a snippet of a "will." No proof that it was even signed, nor that your late husband even wrote it. Anyone could cobble together a bit if paper. The obstructiveness makes it sound as though he hasn't got a genuine document to show you, or else he would be brandishing it at you. Con artist!

Original poster
mytimewillcome · 19/09/2017 20:32

My solicitor told me that I could make a claim for myself and the children but that I had to be careful as one could effect the other. I'm not sure I want to do that. He seemed to be the most honest of the lot but I think something odd is going on. I almost hope what he is doing is illegal because I will have no hesitation to go to the police.

OP posts:
Sontagsleere · 01/10/2017 21:59

Following your thread OP- how are you getting on?

Bornfreebutinbiscuits · 03/10/2017 10:38

I've had to spend a lot of money on solicitors getting various court orders against him and his family so I am reluctant to use the little money I have left if I should just wait

op call the probate people they are super helpful and get this all day long.

They will certain;y be interested if probate isn't being saught and a property is being sold. Call them - tell them whats happened.

They may want to investigate themselves. As PP say, dont be afraid or cautious here, I understand you dont want to spend money on solicitors but calling probate and telling them is the start....make them aware of this,

probate may not have been granted yet however - it should be applied for and in their system, once assets are gone or spent or lost...its far harder to get them backl.

ask about a will. even if you got one solicitor to write one letter it shows you mean business and wil not have wool pulled over eyes.