Wills and probate
Submitted by scowlsandgrowls on Mon, 15/02/2010 - 21:26
If an executor who is not a family member is the sole beneficiary under a will and does not provide a copy of the will to family members how can the family members know that what they have been told by the exectutor is true?
Do they really have to wait until probate is granted and do a search to locate the Will?
sorry posted this to the
sorry posted this to the wrong forum by mistake - please see 'ask a question'!
Unfortunately there is no
Unfortunately there is no central register where all Wills are recorded. Once Probate has been granted a copy of the Probate and Will can be obtained from the Probate Registry for a small fee. Details can be obtained from the HMCS website. You can apply for a standing search whereby the Probate Registry will inform you when an application has been made or granted. You can also apply for a caveat which will prevent the Grant being made without notice to you. For more details again the HMCS website sets this out fairly clearly.
I can see no reason why the executor should not provide a copy of the Will but unfortunately he cannot at this stage be made to do so. A Solicitor's letter could be sent to the Executor on the family's behalf formally requesting a copy of the Will which may elicit a response.
lgoodridge@s-law.co.uk
I am a Fellow of the Institute of Legal Executives and have worked in the law all my working life. I joined Sarginsons 2002 and head the Probate team dealing with wills, trusts and administration of estates.
Telephone: 024 7655 3181
I HAVE JUST HAD TO GO THROUGH
I HAVE JUST HAD TO GO THROUGH THE SAME THING AS YOURSELF. I AM NOT A LEGAL PROFESSIONAL. I WENT INTO LONDON PROBATE OFFICE AND PAID A FEE OF £5.00, FOR THE GRANT OF PROBATE AND A COPY OF THE WILL. IF YOU ASK FOR COPIES OF WILL BY POST YOU STILL ONLY PAY £5.00 BUT IT CAN TAKE UPTO 21 DAYS TO RECEIVE IT THROUGH THE POST. GRANT OF PROBATE CAN TAKE UP TO 28 DAYS AFTER THE DEATH OF THE PERSON CONCERNED. I KNOW THAT YOU WANT TO GET THIS DONE AS SOON AS POSSIBLE, BUT I FOUND THAT THIS WAS THE BEST WAY TO GET INFORMATION WITHOUT GOING ROUND IN CIRCLES. I HOPE ALL GOES WELL.