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Joshua
Joshua, Lawyer
Category: Family Law
Satisfied Customers: 25358
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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My Grandmother passed away in August 2013, I do not know if

Customer Question

My Grandmother passed away in August 2013, I do not know if she left a will. Two of her 3 children pre deceased her, both of whom had two children (of which I am one). How do I find out if a will is left? My remaining Aunt only let us know when the funeral was the day before which meant we couldn't go due to the distance, so as you can imagine relationships are a little strained. Any information or advice would be useful. Thank you Michelle
Submitted: 2 years ago.
Category: Family Law
Expert:  Joshua replied 2 years ago.

Joshua :

Hello and thank you for your question. I will be very pleased to assist you. I'm a practicing lawyer in England with over 10 years experience.

Joshua :

Please accept my condolences for your loss.

Joshua :

May I enquire if you ave asked your aunt whether your grandmother left a will please?

JACUSTOMER-y06qlu6s- : Thank you and I apologise for the late reply, I had to go to work. My Aunt has not replied when asked if there was a will, although I assume if not everything my grandmother had would go to her as she is the only surviving offspring. Would that be correct, or as she had three children would it be divided between her surviving daughter and the offspring of her deceased children? It's just something my sister and I were talking about as I don't think we have any claim to any estate our Grandmother may have had. I will be in work from 8-6 tomorrow, and will get back to any further questions you have as soon as possible
Joshua :

I apologise for the delay in reverting to you.

Joshua :

If your grandmother did not leave a will then her estate would be divided equally between her three children and where any of those children had predeceased your grandmother that respective childs share would pass down to any children that child left.

Joshua :

Only if your grandmothers children pre deceased your grandmother without leaving children would their repsective share accrue to your aunt.

Joshua :

Accordingly if your grandmother did not leave a will then you would be entitled to your parents one third share of her estate equally with any siblings you may have.

Joshua :

In terms of ascertaining whether your grandmother left a will, the first step is to ask or write to your aunt asking her to confirm if there is a will or not to her knowledge. If she refuses to respond, you can write to her again explaining that reluctantly if she is unwilling to cooperate you will have little option but to subpoena her to attend the probate registry with a copy of any will she holds or provide a declaration that she is not aware of any. This is a process whereby you can serve upon ber a subpoena to attend court in person and produce a copy of a will or declare that she is not aware of any. She cannot ignore a subpoena as this can amount to contempt of court. You can explain that you would like to proceed amicably both to preserve such relationship as remains and in order to minimuse costs and inconvenience to all and you would welcome her reply within 7 days in order that you do not have to take further steps.

Joshua :

If you decide to issue a subpoena you will need the assistance of a solicitor though it is not an expensive process. You may suggest to any siblings or relevant cousins that you share the costs of such an application.

Joshua :

If there is no will then you can demand accounts in due course from your aunt so you can see the assets of the estate and such further information as you reasonably require to determine your entitlement.

Joshua :

Is there anything above I can clarify for you?

Joshua :

Is there anything else I can help you with?

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