An aunt of mine died in January this year, we know she  had quite a lot of money and left a will which she split the money four ways between the family. My brother was looking after all her finances, but when she died he said there was no money left, we have tried to get a copy of the will but it has not been executed. We believe my brother has  either spent the money or transferred it to his own accounts. How can I get to see the will?

Probate answer to where is the money:

If there was no money, there is no need for probate and consequently no formal way to get access to the Will.   But the Will is academic if the money had already been spent.   If the LAst Will was taken to probate, you can get a copy from the Leeds Probate Registry – the relevant form and contact details are here – you need to go about half way down the page top find the Postal Searches Department and the form.You can ask your brother for an account of his actions, which he has no need to give you, but he may chose to to clear his name.If he was acting under an Enduring or Lasting Power of Attorney you could call the Office of the Public Guardians Abuse line and they may choose to investigate.Apart from that, you can try the Police, but they are likely to be less than enthusiastic.Do bear in mind that care fees can be £1,000 a week, and you may be unjustly accusing your brother, and he could sue you for defamation of character if you are wrong (or even if you are not!)Not a lot of help, I’m afraid!Good luck! SteveMore on Probate Disputes.  Probate Claim Checker.

Probate Answer – Do I have a Claim?

Probate question:I  lived with my partner for 20 years and we had three children.  He sadly passed away.  But what has upset me afterwards is that my partners mother then died and left my children, her grandchildren, absolutely nothing.   This was because we were not married so, as far as she was concerned, the children were stigmatised.   It was quite deliberate.My question is, do the children have any rights to claim against her estate: could I  try to get something for them?Probate answer:                            More on Probate Disputes.  Probate Claim Checker.Under English Law (but not under the law of may other countries) people are entitled to dispose of their assets by way of their Last Will exactly as they wish.But, and it is a big but, they have to consider those people who they should benefit, and sometime such Wills are overturned because the person was confused and forgot one of their children for example – which might indicate that they were not in full possession of their wits.   Another time when such a Will might be overturned is on the grounds of what is called “undue” influence.   Let’s say that two sisters fall out big time, and one lives hundred of miles away from the other, and that one lives near their mother.  If the local sister persistently bad mouths the far away sister, and gradually persuades the mother that she is not deserving of any inheritance, then it may be possible to overturn the Will on the grounds of undue influence.  But it is not easy to prove.The Inheritance (Provision for Family and Dependants  Act 1975) also opens up a another way of overturning unfair Wills, and it just might help in your case (but probably not from what you have said).  If your mother in law had been helping in some financially related way (cash help, babysitting so you could go to work, accommodation etc etc) with bringing up the children, it may be possible to persuade the Court to replace the help that they were getting with some cash from the estate.   But I wouldn’t hold your breath, and you could end up very out of pocket paying legal costs, so don’t even try unless there is a strong case.    You could try to negotiate an out of Court settlement with the executors.  We can help, at our usual modest fees….

Delay in Paying Out

Jane

Probate Answer: delay in paying out

There is no legal reason why the executor (or solicitor acting) not to make 1/3 distribution to the beneficiary who has provided ID now.However, they have the freedom to administer the estate as they think fit.  If they feel that administratively it is best to get all the IDs and then hand out all the residue in one go, that is not unreasonable, unless there is an unacceptable delay in getting such ID from all the beneficiaries.The beneficiaries are entitled to any interest earned on the legacy up to the date it is distributed and, if has to be held by the executor for any length of time, the executor has a duty to invest the money where it will earn the most interest for the beneficiaries.We would certainly have made at least an interim distribution unless there was some doubt as to outstanding liabilities or assets or beneficiaries.Peter at the Probate DepartmentThank you for such a quick response, I will pass this on to my husband it has been very helpful.RegardsJaneMore on Probate Disputes.  Probate Claim Checker.

Delay paying out.

Why ANY delay in paying Inheritance to beneficiaries?

Of course, there are many other reasons for the delay: uncertainty that all beneficiaries have been found, that there may be undiscovered debts, the grant has not even been issued yet, not all assets have been found, fighting the Taxman over tax issues: any sort of uncertainty may lead the cautious professional to protect themselves against getting sued because something has been missed by withholding inheritances.

The solicitor is holding my inheritance back for 6 months: Why the delay in paying my inheritance?

Some Key points:                                                                                                               How long is probate taking?

• Executors and administrators have twelve months before they are obliged to distribute the estate to the beneficiaries. Time runs from the date of death, but if the administration is not complete, they may be unable to even after a year. Cleary, most will distribute as soon as they reasonably can. At the moment, you will be very lucky to have only a 6 month delay after death due to probate Registry delays which can exceed 12 months even after the application has been made.
• Overseas assets and many which appear to be UK but are overseas (e.g., shares in companies that were once British but are now US) can cause more than a 6-month delay in paying inheritances, as can having to sell a property.
• Beneficiaries who have a share of the estate, rather than something specific like a house, a car or a sum of money are entitled to a copy of the estate accounts to review.
• Worse still, a cautious executor may delay by 10 months as claimants who want to challenge a Will have six months from the issue of a Grant of Probate to bring a claim under the Inheritance (Provision for Family and Dependants) Act 1975 (the “Act”). A further four months may be added as a person making a claim may have up to four months to serve a claim after the 6 month delay period has ended. In some circumstances, it may be even longer for example where the claimant had not been aware of the death.
• Placing a Section 27 notice in the Gazette and the deceased’s local paper (and trade papers if in business) offers substantial protection against unknown creditors after the notice period, which must be over 2 months.  That does NOT mean the executors don’t need to bother with reasonable searches,
• If the executor distributes the estate too early, they may end up being personally liable.
• Beneficiaries might have to repay some or all of what they have received under some circumstances, so caution in spending is wise if there is any uncertainty.

Probate Quotes                    Probate Disputes

Probate question: Why is the solicitor insisting on a 6-month delay in paying my inheritance?

My father died last year and we have been granted probate but the solicitor who is the co-executor along with my sister will not release any monies to us until 6 months have passed to make sure no one comes out of the woodwork to claim against the estate. What happens to the money the solicitor is holding for those 6 months?

Will it accrue interest and if so at what rate? Is there any way we can get the money released to us sooner?Please help as our solicitor dealing with this is from a small town and seems to be moving at a snail’s pace and I live abroad so cannot easily get in touch with them to speed things along!Answer to the 6-month delay in paying inheritances out.The solicitor is protecting himself against any potential claims under the Family and Dependents Act 1975 – dependents or so-called dependents might come out of the woodwork and claim that they had some sort of right to maintenance from your father’s estate. However unlikely, there could be (for example) a mistress with a child by your father, who would be perfectly entitled to claim – as would the child.If one did, and the solicitor, as executor, had paid everything out, he could be personally liable for any shortfall. You can see why he is being cautious!The other thing he has to wait for is a two-month period from the time notices have been published in the local paper and the Gazette, asking any creditors to make their demands known – once again, the executor could be personally liable for any shortfall if he pays everything out and cannot recover it.The only crumb of comfort is that the solicitor is under a duty to use the funds profitably, so they should be in a deposit account, accruing modest additional benefits for the residuary beneficiary.Any attempt on your part to speed things along is likely to result in additional costs for every contact!Some solicitors would take a view and pay out part of the estate, but the result of doing that and then a new and contradictory Will being found (or the discovery of hitherto unknown minor children) could result in the executor paying out the inheritances from his own pocket!Incidentally, we find that email and Skype work pretty well when dealing with clients based overseas!  Our quill pens were put in a museum long ago!A significant point is that insurance is available against unexpected heirs appearing after everything has been paid out, leaving the executor with potential personal liabilities. Insurance is also available to cover unexpected creditors (same page).Solicitor holding inheritance back for 6 months.Probate Question:

Why a 6 Month Delay in Paying Inheritances Out

My husband is one of three main beneficiaries from his grandfather’s will, there were smaller gifts left to other members of the family and friends, which have all been paid from the estate, however, the 3 main beneficiaries have still not received anything.All 3 have been asked to provide proof of ID from a list of required documents, only my husband has done this to date, the other two beneficiaries live overseas so have to seek legal help in providing proof to the UK solicitor dealing with this matter.Will the remaining estate not be distributed until all 3 have provided ID, the solicitor will not speak with my husband as he is not the executor, so we are in the dark (the executor is not very forthcoming).We wondered whether my husband could insist that the executor request the solicitor pay the 3rd equal share to my husband or whether by law they have to wait?Jane

Probate Answer: why a 6 month delay in paying out

There is no legal reason why the executor (or solicitor acting) is not making 1/3 distribution to the beneficiary who has provided ID now.However, they have the freedom to administer the estate as they think fit.  If they feel that administratively it is best to get all the IDs and then hand out all the residue in one go, that is not unreasonable, unless there is an unacceptable delay in getting such ID from all the beneficiaries.The beneficiaries are entitled to any interest earned on the legacy up to the date it is distributed and, if has to be held by the executor for any length of time, the executor has a duty to invest the money where it will earn the most interest for the beneficiaries. However, this may give rise to further costs if the Estate then has to prepare accounts for income or capital gains received before administration.We would certainly have suggested at least an interim distribution unless there was some doubt as to outstanding liabilities or assets or beneficiaries.Probate Department

Another Option – Probate Loans

Provided the probate is being handled by a professional, and the loan needed is large enough, it may be possible to get an advance.  Click the link and check it out. However, if the lawyer has sound reasons (other than natural caution) for the delay – perhaps they think the Will might be challenged, for example, then it may not be possible.

We are often asked who has a right to see the Last Will and testament and the law in this area is rather peculiar, and if the author ran the country, many laws in the area of estate planning would be reformed to bring in some common sense.  But I digress…                        More on Probate Disputes.  Probate Claim Checker.  Probate Quotes

Probate Question: My Stepmother won’t let me see the Will.

My Dad passed away at the end of June. When he made his will several years earlier he asked me to be executor of his will and I agreed. Not understanding much I didn’t ask his wife, my stepmother, where I would get the will from to find out what he wanted until after he was cremated. Her reply was that she was sole executor and beneficiary and I would only have to step in only if she preceded him. She never let us see it. Being naive I thought I had no reason to disbelieve her. Just lately things seem to not be adding up and to top it off the funeral directors have contacted my brother and me to say she has not paid the funeral bill. I just would like to know where we would stand and if it is too late to see the will and where we would have to go to obtain a copy because we knew she will refuse to let us see it herself. Will we need to apply to probate or are we too late?

Probate Answer – can you see the Will?

If your dad married after the Will was made, it was probably invalidated and he may have made a new one.If not, if he owned the home in his sole name, probate will be required, and once that is granted you will have the opportunity to see the Will once that is completed. But unless the executors chose to let you see a copy, you will have to get a copy Will the same as any other member of the public can once probate has been granted.   To see how to see the Will after probate has been granted, click the link.  If probate is not required, then you won’t be able to obtain a copy unless the executors decide to give you one.If the property was owned with the step mother, then it will depend on the type of ownership, as one way the step mother would inherit automatically (so no probate needed) the other way she would not and probate would be required.See http://www.theprobatedepartment.co.uk/your-probate-questions/inherit-the-house/The other alternative is to contact the person who made the Will, and they may confirm that nothing is wrong or if you are a named executor, they will give you a copy. As a beneficiary they may well too, or at least confirm whether you are mentioned in the Will, but you don’t have any rights, so you can’t demand information.   Remember that a new Last Will could have been made, or a Codicil written cancelling or amending the previous Will.As the debts are not being paid you could possibly apply for letters of administration to sort out the estate. This would inevitably be contentious and we could certainly refer you to a firm who would advise you as we don’t deal with contentious estates. (That is ones where there will be a dispute!) However, we can put in a Caveat which is in effect an attempt to force the other side to talk to you, but that won’t work if probate is not required, and you may need to justify your suspicions that things are not being handled correctly.It may be of course that she just has no money.Let me know if you would like to be contacted, and good luck!Steve

Wicked stepmother won’t let me see the Will.

My mum died 5 years ago, married to my stepfather who died 3 years ago leaving no will. My stepfather never adopted me. In fact my Nan and Granddad (mother’s side) brought me up and I was never adopted by my stepfather. They have 2 children together and my stepsister is winding up the estate. The estate is now ready for sharing and my step-sister says it should be split 3 ways. However, my half-brother says I am not entitled to anything from my stepfather and the estate should be split 50/50 between them. Can you advise who is right, please?

Rules of Intestacy updated in 2014.                More on Probate Disputes.  Probate Claim Checker.            Probate Quotes

Stepfather – Probate Answer.

Unless there was a trust clause in your mother’s Will to benefit you, you have no entitlement under the Rules of Intestacy following the death of a man who is not legally a parent i.e. is a stepfather in name only.  Had he adopted you, you would have been entitled to a share of your stepfather’s estate. The moral situation may be quite different, and this is incredibly common when people are so bad at keeping their Legal Planning up to date and relevant.It is possible to claim under the Inheritance (Provision for Family and Dependants) Act 1975 that you were dependent on your “stepfather”. From your description, it seems that he did not support you, so it is not especially likely that a claim would succeed. But it could equally rebound and harden attitudes.It is absolutely crucial for people with children, ESPECIALLY from different relationships, to have up-to-date Wills to ensure things do work as they would wish, and your mother could perfectly easily have protected your interests had she taken good professional advice.I hope you are better organised!  If not, go HERE.SteveStephen Pett contact The Probate Department www.theprobatedepartment.co.uk.

Do stepchildren automatically inherit from a stepfather?