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Ex FIL's will and my kids inheritance - Lawyers please help!

7 replies

LittleWonder · 01/05/2008 20:05

My fil died last year. The grandparents have left quite a substantial amount to my two DC's. I gave up my beneficiary rights when we divorced.
Ex-H has not seen the will and is useless, so not asking to see it. Do I have any rights to request it?
As far as I know they are still doing Probate.

thanks.

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FrazzledFairyFay · 01/05/2008 20:17

You don't have a right to see the Will until they obtain the Grant of Probate. At that point, it becomes a private document. If the Executors won't send you a copy at that point, then you can obtain one from a Probate Registry.

As the mother of young beneficiaries you could contact the Executors and ask nicely whether they could tell you what the Will says in relation to your children. Be prepared for the possibility of them refusing, however.

LittleWonder · 01/05/2008 20:19

Any way of finding out when they obtain Probate? Am I right in thinking ex has a right to see the will?

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FrazzledFairyFay · 01/05/2008 20:23

You can do what's called a 'standing search' at the probate registry which means that they will notify you when probate is applied for. It's a bit extreme though and is only usually used if there are two 'competing Wills'. Again, you could ask them to let you know when they get probate.

Your Ex-H won't have a right to see it either, unless he's the Executor (which presumably he isn't?).

Really the best approach is a friendly chat with the Executors, if that's possible.

LittleWonder · 01/05/2008 20:29

Many, many, thanks FFF

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LittleWonder · 01/05/2008 20:30

Oh and am not friendly with the Executors - one is the divorce lawyer and the other the demon brother.

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FrazzledFairyFay · 01/05/2008 20:36

No problem, I hope I helped. If you can't talk to the executors or your ex-H then probably just best to hold tight. If there is a solicitor involved then I would expect them to write to the beneficiaries as soon as probate is granted, if not before.

If the Will is not administered properly then the executors are personally liable to the beneficiaries.

LittleWonder · 01/05/2008 20:44

clue - Executor lawyer belongs to most the powerful family law firm in Europe. I won't be taking her on - again, she is nice though. I expect they will administer the will properly, though at their hourly rate I expect there will be nothing left!

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