who is entitled to get the residue of the estate if the will does not state the fact who gets whats left after the the bequests as i am the eldest what am i entitled to
If there is no residue provision in the will it is dealt with in accordance with rules on intestacy which are here. http://www.graysons.co.uk/wills-intestacy.html
You being the eldest is immaterial.
Does that answer the question?
in the event of not seeing the will because my brother wont let me see it ,and if he is not mentioned in it what is the next step , or how do i get to see it do i have to involve the police to get the information i want
You will bewasting your time with the police because by no stretch of even a very vividimagination is this a police matter.
Beneficiaries haveno automatic right to see the will. Until such time as it is admitted toprobate when it is then available from the probate registry for the payment ofjust 5 pounds.
I always tellexecutors (assuming that your brother is the executor) that there is nothing tobe gained by being secretive and, on the contrary, all it does is raisedsuspicions.
You can applycourt to place a caveat http://www.stephensons.co.uk/site/individuals/contesting_wills_probate/caveats_warnings/
which will preventhim obtaining probate. Thus he will not be able to deal with the estate untilyou left it or it expires.
You can only dothat however, if you have cause to contest what is in the will.
You can threatento make an application to court for what is known as "pre-actiondisclosure" to make him give you a copy of thewill, so that you can see what is in it to decide whether you wish to contestit or not. That letter is better coming from a solicitor because he is likelyto take more notice of the solicitor's letter. The solicitor can threatenapplying to court for legal costs.Can I help further?Please bear with me today because I will be online and off-line with clientsand other users and travelling.Please don't forget to positively rate my answer service (even if it was notwhat you wanted to hear) and I will follow up any further points you raise forfree.If you don't rate it positively, then the site keep your deposit and I get 0for my time. It is imperative that you give my answer a positive rating. Itdoesn't give me "a pat on the head", "good boy" (like ebay), it is mylivelihood!If in ratings you feel that you expected more or it only helped a little,please ask me for further info before rating me negatively otherwise I don'tget paid at all for my time and answer. The thread remains open.
thanks that answers a lot now for the degree of difficulty as my mother never trusted banks she had it in cash hidden in her flat and the flat is at my sister inlaws business premises , now my mother had been housebound for the past 2 years and my sister in law has been collecting her pension for her so she has a good idea of how much my mother had about she was 89 when she died and i believe she had about 60 thousand pounds tucked away so this is my dilemma , so must they actually put the in probate thanks
No need for probate then.
You can still apply for pre-action disclosure
one last question , if they have taken the money and have no intention of disclosing the amount , other than what my bequested and the funeral costs i also believe she had policies to cover this they would have paid up policies ,also if i had a date for when the will was made it would show that she had the money for the bequestes then ,so what has happened to the money she has save since then . hence my question about the police as surely this would be embezzlement thanks
as the next of kin that is my brother and i , would the remainder be divided between us if there is nothing said about this in the will , i just need to know who will benefit from what is left , thanks for your help
thank for your help ,i shall take it to the police and tell them she died intesate as i have been shown nothing to contradict this and i do not want them to dispose of everything and hide the proceeds , i have left you a bonus thanks again B J Hill