A Will

[MissKittyBeaudelais]

My mother passed away last week.

She told my sister and myself that she had made another Will, following a family row 21 years ago in which she had left everything to a distant relative (I have met a couple of times in my life. I’m 57). The “old” Will left everything to this relative who hasn’t seen mum in years.

My son is now 18 and we, as a family became close again after he was born and have remained so. She teased my sister and I that we needed to be nice to her to get our inheritance and we laughed it away because Mum had said, she’d revoked the earlier Will and had left her estate to her two children (my sister and I).

We cannot find ANY Will. The old one, nor a newer revised version.

In amongst all the grief and loss, my sister and I are now needing to sort Mums affairs and wonder, if she didn’t change her Will, whether we have any way of fighting this Will.

Whilst I am in tears each day about the loss of my Mum I’m also very upset that she would leave everything she had to someone who we don’t know and who hasn’t visited/contacted/sent as much as a birthday card in 20 years.

Can anyone advise?

Distant relative may have keys?
Speak to the neighbours and see if they have seen anyone going in /out.

If your mother was elderly, she may have had carers coming in, or cleaners, etc, or maybe a near neighbour has a key. (Might not be exactly next door).
Certainly, if all these items are missing, then I agree it looks as if she was burgled.

The burglary is tangential to the OPs point, that she cannot find any trace of a Will. It's probably adding complexity to this situation by speculating who have taken belongings. The next priority must be to consult with a solicitor for them to provide legal advice on probate.

If I were you, OP I would consult with CAB or your chosen solicitor regarding changing the locks to secure that property. Your are her daughter, you have a right to be concerned about security. If it was my mother's property and she was no longer alive, I would be making every effort to secure it from unauthorised third party entry. That's a legitimate action to consider in this situation.

Yes, I understand there has to be an actual Will or my sister and I would be the beneficiaries. Thank you for that info 😊 However, the “long lost family” family members have contacted my sister to ask “have you found a Will?” Bearing in mind that they could walk in the room now and I really would have no clue who they were I find that a) insensitive and b) disrespectful. We haven’t had so much as a card or bunch of flowers.

I’m tired. Just don’t want to “do” any of it.

Your mother sounds like the type to torment people with being written out of wills, but never writing one.

Could she have given away the things you're looking for?

Could the 'long lost relative' have helped himself/herself on the understanding they were going to inherit?

1. Answer them ; there is no will. 2 ) Get locks changed immediately. 3 ) Report loss of items to police.
2. Consider getting some sort of camera installed at the entrance to see if you can establish who has been accessing the building.

It is a bit late for a camera. Everything has gone! Definitely change the locks though.

However, just tell the relatives, "There is no will. My sister and I are appointing a solicitor". That is it. That is all anyone needs to say. The solicitor can do searches for you.

Yes , I know things have already been taken but the perpetrators might come back for something else and then be caught in the act.

The estate includes a small house which was my grandad’s but which was rented out years ago. The family home and an apartment in southern Spain.

I think she did make a Will. It’s just knowing where it is.

I think you are overreading everything (and I don't blame you one bit - your mother was very wrong to be holding her will over you and not clarifying her will etc). Go with the obvious conclusions.

you have looked and checked and there is no will. So no more issues - your mother died intestate.
You have looked and checked and there are no funeral arrangements anywhere. So no more issues - you and your sister should organise a funeral as best you can.
Your mother's belongings are missing. She has most likely been burgled - call the police and do a list for the insurance.
Your relative is very cheeky to even ask. Reply "no there is no will - is there a particular reason you are asking me that right now?"

I'm sorry for your loss and sorry your mother made all of this so difficult for you and your sister.