Thread: If a Will doesn't go to probate

How do I get to see a copy of it?
My dad's wife is the executor to his will, and the other executor is her friend. They are refusing to let me see the will. It hasn't gone to probate as (according to her) all gone to her, apart from a few personal bits and pieces that he has left to me and my sister.
Now I don't trust the woman as far as I can throw her, and my dad told me he had left a little bit of money for my daughters. I'm not bothered about me, I'd rather have my dad back than have any amount of money, but I know he wanted to make sure his grandaughters were taken care of, and she's hiding things from everyone. She's very quickly closed all of his bank accounts and moved the money into hers. They were jointly very wealthy (I would say worth £1.5 million, easily) and she seems to be hiding too much.
Short of phoning every solicitors in Chippenham, is there any other way of obtaining a copy of his will?

Oh my, as if you need that on your plate!

Not got a clue but wondering if your house insurance, credit card or current account have a legal helpline for its account holders? I have used mine many moons ago and found it really useful to type up a summary and questions beforehand. I help it stops those forehead slamming moments afterwards when you remember another two things you were going to ask.

Good luck

TLC x

I don't have any direct experience but there's some stuff here Probate standing searches and here Where can I obtain a copy of a Will if it hasn't gone to Probate? I'd do as TLC says or speak to a solicitor for some general advice.

Good luck x

don't think it's the same here as it is in germany, but EU might surprise you.
My mum wasn't able to do anything with my dads and even joint assets, till my brother an i signed a piece of paper to say that we don't want anything.

i would ask that question over on arrse if i were you, plenty of lawyer types there

ooh good one, thanks padders will try that.
Its really hard cos I (think) I know my dad didn't leave me anything money wise, but then again I've only really got her word on that. And she now tells me that she's sorted the will out already.

You usually need probate or letters of administration to deal with an estate if it includes property such as a flat or a house. Otherwise, you may not need probate or letters of administration if:

the estate is just made up of cash (that is, bank notes and coins) and personal possessions such as a car, furniture, and jewellery
all the property in the estate is owned as beneficial joint tenants This property automatically becomes wholly owned by the other owner

you had a joint bank account

the amount of money is small

you discover that the estate is insolvent, that is, there is not enough money in the estate to pay all the debts, taxes and expenses

there are certain life insurance policies and pension benefits in the estate.

Does it meet those criteria? If not there should be probate

However, on the probate office's website there's this

"How to obtain a copy of a will (recorded message with instructions)
020 7947 6983."

May be worth phoning them (came from here Principal Probate Registry Office London)

If in doubt, the pro bono office of your local College of Law will offer a free legal advice clinic which you can go to. They can give you advice on how to deal with your issue and won't charge a penny. All advice is supervised by a fully qualified solicitor so it is all correct, and this has the added advantage that they won't get too involved and go bull-dozing through your private family issue (as some solicitors might.) They will present you with your options and let you choose.

Legal advice - Birmingham and the Midlands - College of Law

On the plus side, you needn't worry too much about timing. Executors should really wait 2 months before distributing to ensure there are no unknown claims on the estate (unless the will is very simple).

If you feel that you have not been provided for sufficiently, there is a chance that you could make an application to court under the Inheritance (Provision for Family and Dependants) Act 1975. However this is serious stuff, and I would only recommend even sussing this out to those who feel VERY hard done by. As it is, you sound like you could come to terms with the current situation given time, and that you are dealing with an awkward situation very well.

I'm very sorry for your loss, and I hope this situation can be resolved soon.