How do you find out if you're a beneficiary to a will?

[DoubleEx]

My grandmother died at the end of 2019 and as far as I know, her will has still not gone through probate. It's a tricky situation. She had a long term partner of over 40 years, but they never married. I presume her will left some sort of provision for him in trust, giving him a lifetime interest in the property. I know from conversations I had with my grandmother that I stood to inherit from her (my parents are dead) but I never went into details with her.
Her surviving partner is lovely, but he's the sort of person I just don't feel like I can raise this subject with. I think he might be really offended and worry we're trying to kick him out of the house to cash in, which wouldn't be the case at all. I just want to know what's what.
I've been on the government website and her will still isn't up there. Are there any other routes I can try? I've heard of private firms who will do some digging. Has anyone ever used one of these?

Who is the executor, OP?

I don't know? I think it's her partner.

I know this all sounds weird because he's been part of our family for decades, but he's a very shy, private man and was always silent by my nan's side at family gatherings, etc. The obvious answer is just to ask him, but I really don't feel like I can, especially not when he's grieving.

Are you concerned that the formalities haven't been done properly? Do you know if solicitors were instructed re probate?

Yes I am and no, I don't.

I just don't understand why it's taken almost two years. If I was a beneficiary and solicitors had bene instructed, would I have heard anything by now? How is he able to still live in the house if it hasn't been willed to him or put in trust for him?

Her partner, my sibling and me are the only heirs.

I don't understand how it can go this long and still not be sorted.

If it goes through a solicitor they will contact you direct.

Does you grandmothers partner know where she kept the Will?

You can check to see if probate has been granted on the government website.

Is it possible that they actually owned the property jointly? If so then (provided it's held in a specific way) it will pass to her partner. If she didn't have other assets or they were jointly held then there may be no probate. I'm afraid you're going to have to ask her partner. Maybe you could phrase it something like did she leave you any sentimental items in her will? And that would lead to a conversation about probate, the will etc. Good luck

It's also possible there is no will. I know a lot of people do die intestate even though they firmly intend to make arrangements.

And to answer your question if it had all gone smoothly as normal, yes you definitely would have heard by now.

If the property was owned by your grandmother and her partner as joint tenants, it will have passed to him automatically. Similarly, any money in joint accounts would pass to him automatically. Neither of these would form part of her estate. If that is the situation, probate may not have been needed. Indeed, if everything passed automatically to him, her will would be irrelevant.

If this is not the situation, you are faced with an executor, presumably her partner, failing to act. You can force him to hand over the will and/or give him notice that you are going to apply to the courts to have him replaced as executor. You should consult a solicitor if you are considering going down this route.

@Leftbutcameback

Is it possible that they actually owned the property jointly? If so then (provided it's held in a specific way) it will pass to her partner. If she didn't have other assets or they were jointly held then there may be no probate. I'm afraid you're going to have to ask her partner. Maybe you could phrase it something like did she leave you any sentimental items in her will? And that would lead to a conversation about probate, the will etc. Good luck

I suspect they did jointly own the property. And I don't think they had very many other assets - except for her services pension maybe?

Does that mean that my inheritance is contingent on him willing it to me on his death?

And what would it mean if there's no probate? I'll never be able to find it on the website?

Sorry, so many questions!

In Scotland you can look up who owns a house.

Don’t know if you can in England or wherever you are but I’d try that if you can. If it says the house is in his name then that’s that?

If it says both his and her name then it sounds like it’s not been updated?

Either because he’s not dealt with the will properly or he’s staying there fraudulently as he’s not told anyone she died?

I don’t know why in this day and age there isn’t a formal process about deaths and wills and stuff. It seems all very random.

I suspect they did jointly own the property. And I don't think they had very many other assets - except for her services pension maybe?

As per my earlier post, if they were joint tenants the property is now his. Any money in a joint account is now his. A pension is also unlikely to form part of her estate. So she may not have left anything.

Does that mean that my inheritance is contingent on him willing it to me on his death?

In that situation, any inheritance you get will be from him. Your grandmother can't leave you what she didn't have.

And what would it mean if there's no probate? I'll never be able to find it on the website?

If everything was held jointly, there would be no need for probate so you will never be able to get a copy of the will from the probate registry.

I mean this as gently as possible, but if she didn’t leave you anything, there is no ‘your inheritance’.

As PPs have said, if you were a beneficiary in a straightforward will, you would have heard by now from the solicitor.

Having said that, if they weren’t married and you’re the surviving blood relative along with your sibling, are you the next of kin? Maybe someone with more expertise could answer that. It wouldn’t mean you’d inherit anything they owned jointly but could mean you were due something else.

I agree with asking him, possibly framing it as wanting to know about sentimental items.

You can find out who owns the property by making a Land Registry search:

www.gov.uk/search-property-information-land-registry

Do you know there was definitely a will?

If this gentleman was your gran’s long term partner and they lived together it is likely that she has made provisions for him in her will (if she has one). People can also change/update their wills so maybe she changed it to make him the main beneficiary? It would explain why you haven’t heard anything. And as others have said, if they owned property jointly it would automatically pass to her partner.

Do you think he’s hidden the will or destroyed it so he can keep the house and you get nothing?

He may well have. Did she have a family solicitor who may have drafted a will for her? Is there only one solicitor in the village so it’s likely be them?

@Elieza

Do you think he’s hidden the will or destroyed it so he can keep the house and you get nothing?

He may well have. Did she have a family solicitor who may have drafted a will for her? Is there only one solicitor in the village so it’s likely be them?

Surely destroying any will doesn't benefit him?

He gets the house if they held it as joint tennants. If held as tenants in common, her share goes to next of kin which sounds like you plus rest of her non jointly owned assets.

@burnoutbabe I’m wondering IF he had any ownership of the house at all. We don’t know that for sure. If not it would be in his best interests to hide or destroy anything which could mean him being kicked out of ‘her’ home.

That’s why the OP needs to look up whose name the house is in first.

If it’s in his name and there is no will then the OP will only get the house after he dies if he chooses to will it to her. If not she loses out as it will go to his next of kin or the state. Sad.

@prh47bridge

I suspect they did jointly own the property. And I don't think they had very many other assets - except for her services pension maybe?

As per my earlier post, if they were joint tenants the property is now his. Any money in a joint account is now his. A pension is also unlikely to form part of her estate. So she may not have left anything.

Does that mean that my inheritance is contingent on him willing it to me on his death?

In that situation, any inheritance you get will be from him. Your grandmother can't leave you what she didn't have.

And what would it mean if there's no probate? I'll never be able to find it on the website?

If everything was held jointly, there would be no need for probate so you will never be able to get a copy of the will from the probate registry.

This is very helpful thank you.

I think that the house probably passed to him automatically and there wasn't a lot else to speak of in terms of her estate.

I really don't suspect anything sinister going on. Not at all. I'm more than happy for him to have the house. If he wants to leave it to me and my brother when he dies then that's his prerogative I guess. I know he knows my nan would want us to have her share and I know he would honour that.

My main question mark was over how long it was all taking. I had no idea that if all assets were joint there was no need for probate. That's good to know.

You would only get it if he leaves it to you in his will. Or he could leave to his relatives and you get nothing. Or if he dies without a will the state gets it or his next of kin or something -but not you.

Honestly, look up who owns the house. Costs about £20. Totally worth it to put your mind at rest. Report back the answer here!

If they owned the house as tenants in common it's not correct that it goes to next of kin, it's just that it's an asset for the owner to dispose of as they choose unlike joint tenants. They can leave it to whoever they want in a will. Alternatively if there is no will it will be dealt with under the intestacy rules (so effectively family but there is a list of priorities).

OP - I wonder if your Gran meant that she has spoken to her partner and there was an expectation it would come to you after his death. But nothing binding of course. Does he have family?

Can you try and guess who her solicitor might have been? Even without malice, it may be that he isn't getting on with executing her will.