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Will - Executor not informing beneficiaries

16 replies

jewel1968 · 23/01/2021 13:30

I was verbally told by a relative that I am a beneficiary in their will. The relative died almost a year ago and I have not formally been told by the executor that I am a beneficiary. Everything I have read seems to say there is no legal requirement to notify beneficiaries but that the executors should also execute the will within one year otherwise the beneficiaries can challenge the executor in court. My question is how can you challenge when you don't formally know you are a beneficiary? Wondering if anyone knows anything about this conundrum.

OP posts:
4Mongrels · 23/01/2021 13:36

You can purchase a copy of the will and grant of probate online for £1.50. You can then find out if you are a beneficiary.

If probate wasn’t granted for months after the death (entirely possible) then the estate may not have been compiled and distributed yet.

jewel1968 · 23/01/2021 14:27

Thanks. It has not gone to probate yet. My problem is that I don't know officially if I am a beneficiary or not. Everything I have read suggests it is best practice to notify the beneficiaries early on before it goes to probate. But it is not a legal requirement.

OP posts:
ElGuardiandenoche · 24/01/2021 21:07

Buy a copy of the will for £1.50 it's easy to do and you can check the details. It's really simple to do, I've had to do it twice.

www.gov.uk/search-will-probate

ElGuardiandenoche · 24/01/2021 21:09

Sorry I didn't read that correctly but at least you have the link now.

JaimieLeeCurtains · 24/01/2021 21:14

I know what the OP means. How can you know to query or challenge a will if you don't actually know you're beneficiary (or not) in the first place?

Sometimes beneficiaries aren't even told about deaths, funerals, house clearances etc.

chickensoup23 · 24/01/2021 21:19

Thanks for posting, watching with interest - my dad is in a really similar situation and feels like he is in limbo. The person in question died in March 2019 and it still hasn't gone to probate, I have seen the link above but each time I check it isn't there. Is there a deadline of when it should go to probate? We have no idea where to start! Worst part is he has a broken down relationship with the executer so can't ask them

jewel1968 · 24/01/2021 21:46

@chickensoup23 you might find this useful forums.moneysavingexpert.com/discussion/5260797/executors-of-will-not-informing-beneficiaries

OP posts:
jewel1968 · 24/01/2021 21:48

@JaimieLeeCurtains that is exactly it.

OP posts:
NoSquirrels · 24/01/2021 22:22

Have you asked the executor? Is there a reason why probate is taking so long?

JaimieLeeCurtains · 24/01/2021 22:24

I have a will and the beneficiaries
(A) know that they are beneficiaries,
(B) know where the will is filed,
(C) are also the executors.

I don't understand why more people don't do this tbh.

NoSquirrels · 24/01/2021 22:27

@chickensoup23

Thanks for posting, watching with interest - my dad is in a really similar situation and feels like he is in limbo. The person in question died in March 2019 and it still hasn't gone to probate, I have seen the link above but each time I check it isn't there. Is there a deadline of when it should go to probate? We have no idea where to start! Worst part is he has a broken down relationship with the executer so can't ask them
There won’t be any probate if the value of the estate is under a certain amount - is that likely? Sometimes people say they’ve included someone in a will but if all their estate only makes up enough to pay the funeral costs then there won’t be anything to be distributed anyway. Could that realistically be the case?
jewel1968 · 25/01/2021 00:22

I believe probate is required. Difficult relationship with the executors so not asked. I have asked the solicitor dealing with the estate - awaiting a reply but don't expect them to reveal anything. I don't think they are required to. I think it is taking so long because the executors are dragging their feet.

OP posts:
chickensoup23 · 25/01/2021 06:11

@NoSquirrels no certainly not. It's quite the opposite and a reasonably large estate.

chickensoup23 · 25/01/2021 06:12

@jewel1968 thank you - I'm just waiting to be admitted and will have a look

chickensoup23 · 25/01/2021 06:13

@jewel1968 sounds like the same situation to my dad. He's also asked the solicitors but been told as he's not working on behalf of him that he is not able to say etc

Tier10 · 25/01/2021 18:04

If it hasn’t gone to probate yet the executor can’t distribute funds.

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