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Aerolor
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29-12-2020, 04:36 PM
11

Re: A problem with a will

For Zuludog

The problem is Zuludog you suspect your f.i.l has left something to the children - you don't know for sure. To add to this as the wife of your f.i.l. probate does not have to be applied for as she would normally inherit the assets of her husband. It might be worth getting a solicitor of your own if you feel the children could have inherited a substantial share of the will. Your own solicitor would be able to tell you for sure what the process is in this case and also may well be able to persuade her solicitor to talk reason to your m.i.l. If f.i.l has left them something I don't think the executor (your m.i.l) can withold the money from them, but you need proof, and she has the upper hand, particularly if you are not sure. It's a bit of a sad and mean thing on the part of your m.i.l in my opinion and I hope she will see sense so you can get it sorted. Otherwise, you may have to wait until she has died and probate for her will has been applied for.
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29-12-2020, 04:37 PM
12

Re: A problem with a will

Originally Posted by zuludog ->
OK, here's where we're at -

I've had a check on the YouGov website and it doesn't look like FIL's will/estate has gone to Probate

The various interested parties will ask MIL again to sort things, in early to mid January

If she has not done so by Feb then the situation is beyond our ability, and we will go down the legal route and see what can be done to get the job done
The case is that MIL is being -

Either deliberately obstructive/fraudulent/deceitful/malicious

Or not capable of running her own affairs

Or a combination of the two

It looks like you may have to get a Court application to compel the Executor your MIL into getting Probate, after which the Will would become public.

What a pain everything legal costs money .
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29-12-2020, 04:40 PM
13

Re: A problem with a will

Originally Posted by spitfire ->
This is a coincidence, Probate, talked to the FILs Solicitor today, cost £900.00 + VAT, googled the process and there is a DIY kit £29.99, anyone gone down the DIY route?
I did probate for my father it was easy .

It was very straightforward he left everything to his three children .
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29-12-2020, 05:34 PM
14

Re: A problem with a will

Thankyou AEROLOR and MUDDY
You have summed up the problem very well

It looks like we have a chicken - and - egg situation; or should that be Catch 22?
We have our suspicions, but the very person we suspect is preventing us from confirming them or not

We are suspicious because -

We have all had dealings with MIL in the past - enough said?

If FIL has indeed left his entire estate to her, then that's fair enough, and we have no problems with that
In which case, why is she being so secretive and stubborn about reading his will?

As I mentioned we will ask again, and if there is still no progress we will have to go to a solicitor, which would be extremely annoying as it would result in more delays, effort, and expense of course
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29-12-2020, 06:20 PM
15

Re: A problem with a will

I wish you luck .. family wills are a frustrating and stressful minefield.

As others have said ... as his wife, your MIL might not need to apply for Probate at all if property or bank accounts were held in joint names.
My own step-father still hadn't applied for probate 2 years after my mum died.
You can do a little bit of research yourself before considering pricey solicitor fees.

Until Probate is applied for wills are not in the public domain. Once probate is granted you can get your own copy of the will if one was included.
You can find out if it has been applied for here.
https://www.gov.uk/search-will-probate
(Try one or two years after the death if you think Probate was delayed. My step-dad took 3 years).


I might add that in inheritance law the law always favours the spouse, wife or partner over children.
If he had died without leaving a will at all she would automatically have got everything anyway.

Even if her solicitor has been threatened on pain of death to say nothing I still wouldn't have thought it unreasonable to ask/demand of him whether probate has been applied for and if not, perhaps more pertinently, why not? Why the delay?
 
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