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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10175
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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My father has recently passed away - I have 6 siblings and

Customer Question

My father has recently passed away - I have 6 siblings and two of us are the natural children of my father however our birth certificates don't show this. There has been a split in the family and my father lived until his death with a brother who no longer speaks to us. We do know that originally our father left is estate to myself and my brother but we do not know if this is still the case. We do not have a copy of this will. My brothers solicitor is refusing to tell us if there is a will and if so who is the executors. What can we do?
Submitted: 2 years ago.
Category: Law
Expert:  Aston Lawyer replied 2 years ago.
Hello and thanks for using Just Answer.

My name is Al and am happy to assist you with your enquiry.

Any Solicitor dealing with an Estate will notify all beneficiaries of their entitlement.
Under law, only beneficiaries are entitled to see a copy extract from the Will detailing their legacy, or if they are entitled to a percentage of the Estate, they are entitled to see a copy of the whole Will.

I am therefore guessing that as the Solicitor is refusing to divulge any information to you that you are not a beneficiary.

A Will remains a private document, until Probate has been granted. Therefore, I'm afraid that if you are not a beneficiary, there is no way of obtaining a copy of the Will at this stage. (Probate would normally be granted 3-9 months after the date of death, depending on how complicated the Estate is). Once Probate has been obtained, any member of the public can apply for a copy from the Leeds Probate Registry for a small fee.

If there was no Will, then I'm sure the Solicitor would have notified you accordingly.

I can only therefore suggest that you write to the Solicitor asking for clarification as to whether there is a Will or not, and not depending on his answer (or non answer) you will be able to assess the position.

I am sorry this is not the answer you were looking for, but it sets out the legal position.

Kind Regards
AL

Expert:  Aston Lawyer replied 2 years ago.

Hi Janet,

Can I be of any more assistance to you?

Kind Regards

AL

Expert:  Aston Lawyer replied 2 years ago.
Hi Janet,

Please let me know if I can be any more help.

Kind Regards
AL

Expert:  Aston Lawyer replied 2 years ago.

Hi Janet,

Can I be of any more assistance to you?

Kind Regards

AL

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