wills and probate

I assume that your uncle died without leaving a will and that his spouse and parents died before him.

I assume also that by siblings you mean his children.

In those circumstances the children would be entitled to the whole estate and to apply for the grant of representation - called Letters of Administration when someone dies without  a wll.

When a grant is applied for the applicants have to file with the probate court an affidavit proving their entitlement to the grant. This oath also contains a requirement that the applicants distribute the estate in accordance with the law.

If the nephews obtained the grant here when there were sons or daughters of the deceased still alive then I agree that something may be wrong.

You should check to see if a grant has actually been made. You can do this quite easily by contacting the Principal Probate Registry at First Avenue House, 42-49 High Holborn, London WC1 6NP tel 0207947 6043/6939.

The grant will tell you who obtained it and when. It will also tell you if a solicitor was involved.

If no grant has yet been obtained you may be able to file a notice preventing any further action unless you are given notice.

If any of my assumptions are in correct please feel free to repost.

icox@s-law.co.uk

sorry. my fault.  i should have stated that my uncle has 3 brothers and 2 sisters still alive.  two of my uncles have told me that the last will that they know about was 20 years or so ago, and my late sister and myself would have been his heirs.  the nephews have not been keeping my uncles up to date.  my uncle told me that one of the nephews had told the hospital and the vicar that he had no living brothers or sisters, and they even told the vicar that he lived with his brothers children.  there are so many things that do not seem to add up, and unfortunately this has not been the first time that their characters have been called into question where money is involved 

thank you  for your advice.  i will get onto these links that you have given me. 

OK - If your uncle died without a spouse or issue and left no will then his estate should be divided between his brothers and sisters.

Obviously if you can find a will that would change everything. That might be difficult but you should check with local solicitors or maybe his bank.

This is a curious case. Please come back to me after you have spoken with the probate registry.

Thank you for your reply.  I will now get in contact with my uncle, and I will let you know how things go with the probate registry.

Thank you once again. 

THANK YOU IAN FOR YOUR HELP.  WENT TO LONDON PROBATE OFFICE.  FOUND NEW WILL.  NOT SURE IF THIS WOULD BE LEGAL.  UNCLES HAVE BEEN SENT COPIES OF WILL AND PROBATE.  THEY MAY INVESTIGATE, AS SOME INFORMATION IS QUESTIONABLE.  IF FORMER WILL COMES INTO FORCE I HAVE TOLD MY UNCLES THAT I WILL WAIVER MY CLAIM TO THE ESTATE.

Not quite sure I understand what has happened.

Previously I thought the nephews had obtained Letters of Administration as there was no will.

Have you now found a will and do you intend to obtain probate?

Ian Cox

SORRY.  PROBATE WAS GRANTED TO ONE OF THE NEPHEWS.  THE WILL WITH THE PROBATE FORM STATED THAT THIS NEPHEW WAS THE SOLE HEIR TO HIS ESTATE.  MY UNCLES NEW WILL WAS DATED AUGUST LAST YEAR, AND I HAVE BEEN TOLD THAT HE HAD A STROKE NEAR THAT TIME.  HE WAS IN SHELTERED ACCOMODATION, AND THE WARDEN THERE WAS A WITNESS TO THE WILL, AND IS ALSO GOING TO MARRY THE NEPHEW WHO WILL BE THE HEIR.  I HAVE NOW PASSED THIS ON TO MY OTHER UNCLES.  MY NAN HAD 10 CHILDREN, AND FIVE ARE STILL LIVING.  IF SOMETHING IS NOT RIGHT AND THE WILL NOW STANDING IS REVOKED, I HAVE TOLD MY UNCLES THAT I WILL WAIVER ANY CLAIMS OF HIS ESTATE, I MAY BE ENTITLED TO.  UNFORTUNATELY SINCE MY PARENTS DIED I HAVE BEEN A VICTIM OF CLOSE FAMILY MEMBERS, WHO DID NOT LIKE THE FACT THAT I RECEIVED MORE THAN THEM.  I FOUND OUT HOW WICKED FAMILY COULD BE WHEN I HAD TO GET MY PARENTS BELONGING OUT OF THE SKIP. THE REASON I HAVE TOLD YOU THIS IS THAT THE SAME PEOPLE ARE INVOLVED WITH MY UNCLES ESTATE.  UNFORTUNATELY I KNOW THEM WELL IS THAT THEY WERE MY ROTHERS. 

Was the will prepared by a solicitor - sometimes you might see a name and address on the will itself if a solicitor had drafted it?

You say that the will was witnessed by the warden of the home who is going to marry the sole beneficiary - who was the other witness?

It is of course very difficult to upset a will which on the face of it was executed correctly.

However a will could be void if the testator did not know what he was doing or was under duress. Strong evidence would be needed to convince a judge. Such a claim would be very expensive to pursue.

Let me know the answers to the questions above and then I will come back to you.

  THE WILL WAS WITNESSED INFRONT OF A SOLICITOR?

  FROM THE LOOK OF THE WILL, IT WAS NOT DRAWN UP  BY THE SOLICITOR. IT MAY HAVE BEEN A COPY WILL FORM FROM ANYWHERE.  MY UNCLE DID NOT SEEM TO KNOW WHAT HIS INITIAL SHOULD BE AS IT LOOKED LIKE A P CROSSED WITH AN R.  P FOR HIS NAME R FOR THE BENEFICIARY. SURNAME FINE BUT CHILDISH. 

For a will to be valid the testator's signature must be witnessed by 2 people.

You have said one witness was the warden. Who was the other? That person may be able to give a clue as to the circumstances under which the will was signed.