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Stuart J
Stuart J, Solicitor
Category: Law
Satisfied Customers: 22400
Experience:  PGD Law. 20 years legal profession, 6 as partner in High Street Practice
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my step mother has died and approx. 2 years ago I understand

Customer Question

my step mother has died and approx. 2 years ago I understand that she went with my step sister to make a will which was lodged with an out of town solicitor address unknown but somewhere in Yorkshire I guess. As my step sister will not advise me where the will is located or its contents is there any mean s of finding out
Submitted: 3 years ago.
Category: Law
Expert:  Stuart J replied 3 years ago.
What is the value of the estate?
Customer: replied 3 years ago.

guess £100,000 hous vonly

Customer: replied 3 years ago.

house only approx.£100000

Expert:  Stuart J replied 3 years ago.




If your stepsister is the executor of the estate, then she is under no duty
to tell you where the will is or what is in it even if you are a beneficiary.

There is no central register of Wills although there have been many failed
attempts to set one up.





Wills and estate admin can be contested on various grounds



1

If a person doesn't provide for dependents, children incl adopted children of
all ages and a spouse (but not step children unless they have been treated as
the deceased's own childeren) in a will it can contested by making a claim under the THE INHERITANCE (PROVISION
FOR FAMILY AND DEPENDANTS) ACT 1975.



Details are here



http://www.rollingsons.co.uk/The-Inheritance-Provision-for-Family-and-Dependants-Act-1975.shtml



2

Undue influence if it is thought that the person making the will had been "got
at" when drafting the will.



3

Or if, when drafting the will the person lacked mental capacity/didn't know
what he/she was doing



4

Fraud





There are strict time limits
for contesting will under 1 above of 6 months from death.



Claims under 2 or 3 above 12
months.



Claims under 4, no time limit.



http://www.probate.uk.com/how_long_contest_will.html



5



Promissory Estoppell. This is a
technical legal doctrine not used very often. It says that if anyone has been
promised something during the lifetime of a person and they relied on that promise to their
detriment
then they are entitled
to have whatever was promised. The classic case is indeed the young man on the
farm, who is told by the old man "don't go off to seek your fortune son, but
stick with me and work on the farm and I will leave it to you when I die,".



So the young man doesn't go off
to seek his fortune and stays and works on the farm and it turns out that when
the old man dies he leaves everything in his estate to the prize cow, Daisy or
his new girlfriend, who is 30 years younger than he is. In that case, the young
man having given up a future (to his detriment) on the basis that one day (he
was promised) the farm would be his and he believed it and relied on it, he can
get a court order that the farm is transferred to him. Such claims are not
cheap or quick to bring in do require a large burden of proof of the promise
and reliance to detriment.



 



Anyone can get a copy of a will
once it has been admitted to probate from HM probate registry, upon the payment
of five pounds.



Anyone can also hold up the granting of probate by entering a caveat at the
probate registry. At least, they will then find out if there is a will. The
entering of a caveat will certainly wake up any executors. Some explanatory
details are here;



http://www.anthonygold.co.uk/site/ang_articles/ang_articles_filing_a_caveat_first_step_in_contesting_a_will



If
there is no will the estate is distributed under terms of the rules of
intestacy



http://www.adviceguide.org.uk/england/relationships_e/relationships_death_and_wills_e/who_can_inherit_if_there_is_no_will___the_rules_of_intestacy.htm







if you think that she is not doing something that she should have done or
is doing something that she should not have done, you can threaten an
application to court for pre-action disclosure and court costs. The court will
then look at the circumstances and can order her to produce the well. A letter
from a solicitor may say that cost and might waking her up



Can I help further?



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