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Grandfathers will testify

12 replies

Sunnyside25 · 05/06/2025 22:54

Hi,

My father passed away this year. I found a Will from my grandad (his father) in his home. My father is named in the will that he will receive a large amount of money from a house sale. I found several texts that he was still chasing up the inheritance due in 2023. His brother applied for probate in 2014 so was in charge of everything.

I cannot find any other related document to this case. Just the Will and probate form. The fact my dad was still talking about the house sale in 2023 suggests he didn’t receive this money.. His brother seem to have broke the law. Is this right that he could do that? Is it possible that the money is stuck in the estate? My father had a solicitor is it worth contacting them? I’m really lost on what to do as I don’t want to rank up high legal fees. Thank you.

OP posts:
JustGiveMeWineNow · 05/06/2025 22:57

It is absolutely possible. It is disgraceful. I am dealing with something similar sadly.

YorkshireIndie · 05/06/2025 22:59

It sounds like it is worth getting some advice. You should be able to find the probate documents online for your grandfather and use that to support your case. When was the house sold?

JustGiveMeWineNow · 05/06/2025 23:00

God forgive me OP but your uncle is probably delighted thinking he has got away with keeping the money. I would def seek legal advice and I would contact your Uncle and say you have seen the will.

Sunnyside25 · 05/06/2025 23:00

JustGiveMeWineNow · 05/06/2025 22:57

It is absolutely possible. It is disgraceful. I am dealing with something similar sadly.

I’m so sorry you are going through this.

I just thought the law is in black and white and couldn’t be changed guess not. It just shows what money and power can do. My father was screwed over by his Brother.

OP posts:
JustGiveMeWineNow · 05/06/2025 23:02

Sunnyside25 · 05/06/2025 23:00

I’m so sorry you are going through this.

I just thought the law is in black and white and couldn’t be changed guess not. It just shows what money and power can do. My father was screwed over by his Brother.

Edited

It is so bad what people will do. Can’t be too outing in my post but numerous people not paid out after the death of a relative nearly 15 years ago.

Sunnyside25 · 05/06/2025 23:04

YorkshireIndie · 05/06/2025 22:59

It sounds like it is worth getting some advice. You should be able to find the probate documents online for your grandfather and use that to support your case. When was the house sold?

Hi - the house was sold in 2019 as my grandfather rented the house out to a family friend and the agreement was the house will be sold when the tenant dies. The rent money was definitely hitting my evil uncles accounts.

OP posts:
JustGiveMeWineNow · 05/06/2025 23:05

My conclusion is the law is only for good people to comply with 🥲

Sunnyside25 · 05/06/2025 23:14

Could I apply for probate and detest my uncles probate claim? This was years ago so it is a case to stand for?

is it possible the house sale money for my father is stuck in an estate and he couldn’t get it? Or the whole amount is stuck because of a dispute as I know the brothers weren’t on good terms. I found text messages stating he didn’t receive this money 4/5 years later still? So something happened.

OP posts:
Another2Cats · 06/06/2025 08:14

Sunnyside25 · 05/06/2025 23:14

Could I apply for probate and detest my uncles probate claim? This was years ago so it is a case to stand for?

is it possible the house sale money for my father is stuck in an estate and he couldn’t get it? Or the whole amount is stuck because of a dispute as I know the brothers weren’t on good terms. I found text messages stating he didn’t receive this money 4/5 years later still? So something happened.

Edited

"I found a Will from my grandad (his father) in his home."

Is that a signed original will or a copy of the will? Is it the latest will?

Once an estate has gone through probate then the will becomes a public document and anybody can see it. It's simple to do and costs £1.50

https://www.gov.uk/search-will-probate

You can then check the date on the will used for probate just to check which is the latest will.
.

Assuming this is the latest will and a certain amount of money was left to your father then this now becomes part of his estate and his executor (yourself I assume?) becomes responsible for recovering that money.

Even though your father has now passed away, that money is still his.

Also, an executor is required to keep account of the assets and how and when they have been distributed.

As a beneficiary, you (as executor of your father's estate) are entitled to a copy of the estate accounts to see exactly how much the assets were and exactly who got what.

You need to send a letter to your uncle saying that you want to see an Inventory and Account of your grandfather's estate and warn him that he may be held personally responsible for any legal costs if he doesn't. If he does not provide this within 14 days then you request a Summons form from the probate registry where probate was done.

He will then be sent a court summons to provide those things.

This will show you what assets your grandfather left and what has been done with them.

"...as I don’t want to rank up high legal fees."

You can do the above yourself.

Your next steps after that though, depends on what you find. If your uncle has taken the money then you're likely going to need a solicitor to recover it.

Search probate records for documents and wills (England and Wales)

Search online for a will, grant of representation or probate document for a death in or after 1858

https://www.gov.uk/search-will-probate

prh47bridge · 06/06/2025 09:10

Sunnyside25 · 05/06/2025 23:00

I’m so sorry you are going through this.

I just thought the law is in black and white and couldn’t be changed guess not. It just shows what money and power can do. My father was screwed over by his Brother.

Edited

The law is clear and cannot be changed other than by parliament. The fact that some people choose to ignore the law does not alter that. As executor, your father's brother was required to distribute the estate in accordance with the provisions of the will. If he has not done so, you can take legal action against him.

If your uncle applied for and was awarded probate in 2014, you cannot apply for probate now, nor can you contest his claim. I agree with @Another2Cats as to your next steps.

Sunnyside25 · 07/06/2025 18:29

Update: I checked the Probate and my uncle did that in late 2013. I accessed the probate form and the Will of my grandfather.

My dad didn’t do a probate application or letter of administration but I don’t understand why because he was left half of the sale of the house and it’s a large amount.

Just wondering if I can have anymore advice please as I have a solicitors consultation this week and what do I need to put to them? I will mention the Will and the probate.

OP posts:
Harassedevictee · 07/06/2025 19:29

@Sunnyside25 are you 100% sure your Dad did not receive his share?

IANAL and others on here can advise but I would have thought the solicitor would write to your Uncle and ask how your DF was paid his share. Potentially he was a residual beneficiary and as his heir you are entitled to see the inventory and accounts, so I would expect a solicitor to request those.

Take with you all the paperwork you can e.g. will, probate, death certificate etc.

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