Would I know by now if I was an executor?

[Mrspebe]

DM died 10 years ago. DGD (her mother) died 3 weeks ago. GDG told me I was an executor and hinted she’d be leaving my sister and me money in her will. Asked my aunt (DGMs daughter) if I was an executor and she said no. I find this really odd as DGD said I was. Perhaps my aunt hasn’t actually seen the will but claims she has. Aunt also said my sister and I would ‘inherit a percentage’ but wouldn’t specify any more. It’s all very shady I just want to know what’s going on! Would I know by now if I was an executor and beneficiary?

But the OP was told by the deceased that she was an executor, and the aunt is telling the OP that she's not. The OP doesn't entirely believe her.

Which is odd
given the op says they are close

but the funeral costs would have been paid from the estate. If the op wasn’t involved in that, then she’s definitely not the executor

It’s odd that the OP says nothing about the funeral.

Why not just say ‘I’ve seen the will you’re not an executor or beneficiary’

Isn't this what she's done (except she's said you are a beneficiary).

In your OP you said "Asked my aunt (DGMs daughter) if I was an executor and she said no. I find this really odd as DGD said I was. Perhaps my aunt hasn’t actually seen the will but claims she has. Aunt also said my sister and I would ‘inherit a percentage’ but wouldn’t specify any more. It’s all very shady"

So she has told you she's seen the will and that you aren't an executor but are a beneficiary. A residual beneficiary by the sounds of it, which means rather than get a set amount, you get a percentage of whatever is left after all assets and liabilities are accounted for, tax and expenses are paid and other beneficiaries are paid out. This is fairly standard for direct antecedents. I'm not clear on what you find shady about this.

There is a lot of admin to do to get everything sorted before you can work out how much a residual beneficiary gets, so she may have absolutely no idea about amounts at this stage (possibly she doesn't have a clear idea of percentages if the will uses archaic/legalistic language - some people find it confusing). Your aunt may have left the will with the solicitor and not have decided whether to apply for probate herself or instruct the solicitor. Your aunt has lost her mother. The will has probably not been her priority.

I’ve recently thought there’s needs to be a better system to record and acknowledge what is the actual last Will of a person.

some sort of official ‘cloud’ based register used by both Solicitors and individuals where they can upload their wishes and its safe guarded.

I wouldn’t know who my extended family’s solicitors would be to approach re their Wills if required.

If you know who the solicitor is then just contact them and explain you were told you are an executor can they confirm they hold the will and that you are an executor. When my Dad died the solicitor wouldnt release the will until after death certificate issued and he had received it which took a few weeks after PM So it took a little while. Once you have death certificate you can send to solicitors and ask to see will or be sent a copy. The will will become in the public domain once grant of probate and can then be downloaded from the portal - but you will probably want to check before then.

I really think you should contact the solicitor, if you're not an executor then there's no need for your aunt to know you contacted them. If you are then you will have sight of the will.
I'm only being this suspicious as my DF's second wife denied that he actually had four children when he died intestate. We found out accidentally

Funeral payment is one of the few things banks will pay out of a deceased account with just a death certificate and funeral invoice. You don't need a will - it can sometimes be the case that no executor is known (or if no will letter of administration approved) but you can still bury them!

So op still could be an executor...

Maybe your aunt is grieving for her mother and at this stage she would have no idea of the value of her mum and your aunts assetts to be able to say what if anything you will inherit .It would be quite normal as next of kin for her to be the executor despite your aunts telling you that you would be , ask the solicitor , tell them you were led to believe you would be an executor but don’t want to cause additional distress to her, nothing lost .

People fight dirty over wills. When my dad died, my younger brother told me only our older brother was our dad's executor. I smelt a rat as dad had said it was the two of us. Older brother wasnt talking to me at the time, always been a complete control freak, so i wrote to him asking to see will, which he ignored! I ended up applying officially online for a copy, which took some weeks as it was during the first lockdown time, but came back that yes we were both exectors, and yes all 3 of us were entitled to estate, so one third each. In the meantime younger bro had informed me dad had spent all his money in care home fees, but his house wasnt sold or even for sale, and he had been in care for just a few months, so i knew they were both in on it! In this case there was no solicitor, so i threatened them a few times in writing, sent recorded delivery, with court action, as i also found out older bro had ticked a box on probate forms to say i didnt want to act as executor!! It really is that easy for people to be robbed of their inheritence, nobody checks up on this. I informed Probate office but they just said to get a solicitor, which i couldnt afford, so i filled in forms to take to claims court myself. Bro must have got worried then as he engaged a solicitor, who was just as obstroculous as bro, it all dragged on for 2.5 years, sol was paid for out of the Probate can you believe, meaning i had to pay a third of their huge, inflated and dragged out bill. i did get my inheritence, what was left of it, but bro's carried on with their revenge, emptying house and giving me nothing, not even my childhood photos! Its so easy for them to say they "cant find them". (He changed the locks straight away, and because he legally could as "sole executor" i was legally not entitled to enter etc. It was not even a case of me being made executor again - that was actually impossible can you believe?! I havent spoken to them since and never will again. The good thing, maybe, is that in your case there is a solicitor and who might not be as corrupt as bro's one, so they might soon realise you didnt know you were an executor either, and might just have an ethical concience. But either way, put it in writing and they will think you have the ongoing option of them getting into a lot of trouble if they dont ensure you receive your inheritence. I would ask your aunt verbally for a copy of will, then in writing if no joy, and then write to the solicitor for it. Remember for a few pounds you can also apply online for a copy. Good luck!! It amazed me how low so called family can stoop in the name of greed, and what an unregulated business Probate is. Follow your gut and persue what you are meant to receive. There is of course the chance the will doesnt include you, but her reticence to show you is all you need to be suspicious right now.

Exactly!

It can take weeks for Probate to be granted, even in straightforward cases. Only executors have a legal right to view a Will before Probate has been granted. I was one of three executors of my DM’s will. Hers was very straightforward and it took 8 weeks for Probate. I didn’t use a solicitor, the application can be done online. However I did have to get the original copy of the Will from my mother’s solicitor - you have to send the original to the Probate office - although DM had told me where she kept a copy in her home.

Ime people play dirty over money, particularly inheritance.
If you want to take Aunts word then fine, but I wouldn't. Whilst there are many valid reasons you are not an executor, DGM telling you you are an executor is good reason not to trust Aunt.

That sounds about right

they can’t say because the don’t know the value of the estate until they pay all debts

unfortunately you are not entitled to see will until settlement but you could ask - just say you want to be reassured

There is

national
wills and probate registry

Not all wills go to Probate. If funds can be released by the bank with just a death certificate - and each bank has a different threshold for this - then not all estates go to Probate.

i agree that it is wrong that there are no checks and balances. Whilst an Executor has a duty to follow the terms of the Will, if they don’t it can take a very expensive court case to get things put right. In disputes, it is usually cheaper to reach a compromise, ie forgo the full amount to at least get something.

Have things changed? I was executrix and one of around twenty beneficiaries in a will many years ago. A document, I’m unsure now whether it was a copy of the will, was sent to every beneficiary to be signed. This document was then forwarded to the next person and so on. Everyone seemed to know what was going on with the will, which is why I’m wondering whether things have changed.

Unless she's lying and saying there was no will. If there was you have nothing to worry about (they’re very strict and you’ll be contacted and given everything you were left). If she’s claiming to probate / solicitors that there wasn’t one then she would be in line for inheritance wouldn’t she? So perhaps she has hidden it or discarded it. I would ask if you can see it. My Dad’s was actually really personal and I can’t imagine never seeing it! It could have things in you want to read and of course her handwriting.

Yes, but it needs to be a mandatory, gov.uk thing so everyone uses it.

The Aunt has already told the OP that she isn't an Executor of the Will, and given an explanation. It might be that the person who passed away was going to add the OP as an Executor but didn't. The OP has no automatic right to see a copy of the Will. The Aunt has told the OP that her and her sister are beneficiaries. I can't see that the OP can do anything.

This will have already gone through probate- whether there was a will or not, it can take a couple of years but not 10. Go on to gov.uk and order a copy of the will- it will tell you where the money (if any) went.

The OP’s mother died ten years go. Her grandmother only died three weeks ago - it is her grandmother’s will she is talking about.