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No will

4 replies

Summer259 · 31/05/2025 00:48

My partner’s mother passed away a few days ago. The daughter left the will with the doctors as she tried to overturn the mother’s blood transfusion refusal decision on religious beliefs but the doctors said they couldn’t and now say they don’t have the will.

The daughter wants equity release now. How can you find out if and where the will was registered? If they can’t get a copy of the will does it go to probate? The property will need to be sold. Will it be a long process? My partner is upset as he lived with the mother and is worried he will
be homeless soon.

OP posts:
loveev · 31/05/2025 07:26

yes you will need to go for probate if there's a property to be sold . Also you could ask the solicitor that did the Will if they have a copy .

taxguru · 31/05/2025 07:35

If it was prepared by a solicitor, they may well have kept the original in their secure storage, so first port of call would be to contact them.

If you don't know who prepared it, if it was done by a solicitor or other will-making professional, it was probably registered with the national will register which you can search online (for a fee!) as follows:

https://www.nationalwillregister.co.uk/search-for-a-will/

If it was an amateur/home made one, then the best you can do is search the house and private paperwork to see if you can find it anywhere.

Does your partner have any memory as to who prepared the will? Did they ever see/read it themselves? Does he know if the will allegedly taken to the doctors was a copy or the original? Do you have any idea who'd have witnessed it, i.e. neighbours etc as they may recall who the solicitor who drafted it were if they noticed on the front cover, etc?

Search for a will - The National Will Register

We find approximately 1 in 5 wills that were presumed missing in the UK. Our will search finds lost, unknown & later wills.

https://www.nationalwillregister.co.uk/search-for-a-will/

Another2Cats · 31/05/2025 08:25

"If they can’t get a copy of the will does it go to probate?"

Just to add to what the pp said, it should be the original signed will but, if that has gone missing and you can find a copy of it then that can still be used.

If you can't find any copy of the will at all then his mother died intestate and the intestacy rules kick in. The closest living relatives then become the administrators of the estate.

What happens here is that either your partner or his sister (or both of them) apply to be administrators of his mum's estate. This is the same as being the executor of a will.

There's a guide here that explains what to do:

https://www.gov.uk/applying-for-probate/if-theres-not-a-will

Since there is a house involved then he and/or his sister will definitely have to go through the probate process and work out if there is any inheritance tax payable (it's unlikely that there will be any inheritance tax).

From there, the intestacy rules say that her estate must be divided equally between her children (or their descendants if one of the children has already died).
.
"The property will need to be sold. Will it be a long process?"

We went through the probate process around four years ago so I don't know what it's like at the moment. I have read people here saying that it can be from a few weeks to a few months to get probate. After that, it seems that some homes are selling quickly and some are not if you have a look on the Property board.

"The daughter wants equity release now."

Well, that isn't going to happen, if you mean by that that she wants to get a mortgage from one of those equity release companies.

However, she will be entitled to half of the value of the estate and, if most of value of the estate is tied up in the house, then she will be entitled to that.

In that situation, the house will need to be sold or your partner will need to take out a mortgage to cover his sister's half of the house and pay her that. In that way, he stays in the house and the sister gets her share of the estate.

Applying for probate

Find out if you need to apply for probate to deal with the estate of someone who’s died. Discover how to apply for probate or letters of administration and what to do if there’s no will.

https://www.gov.uk/applying-for-probate/if-theres-not-a-will

MouldyCandy · 31/05/2025 08:36

There would be no reason for SIL to take a Will to the Drs. What it says only applies after the person has died. She may have taken a "Living Will' which sets out end of life care. The contents of that are irrelevant now. Agree with PP - they need to go through MIL's paperwork. SIL needs to realise there is a process for probate and she's not going to get any money released until that's done.

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