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Buachaill, Barrister
Category: Law
Satisfied Customers: 10536
Experience:  Barrister 17 years experience
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My father died on 3 November 2015, aged 104. I understand he

Resolved Question:

My father died on 3 November 2015, aged 104. I understand he made a Will, appointing my brother, who is two years younger than me (i.e. he is 68) as sole executor. My brother had sole enduring power of attorney prior to my father's death. My father had intended to divide his estate between members of the family, but my brother has always refused to inform me and other potential beneficieries of the contents of the Will.
Can you please advise me whether there is a legal timescale by which my brother has to
deal with my father's estate, which includes a bungalow which he has been keeping empty for the past five years since my father went into care. Am I not also legally entitled to see a copy of the Will? Many thanks.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Firstly, an executor of a will, has a period of grace of 12 months, known as the executor's year, within which to gather in the assets of the estate and distribute them to the beneficiaries. Accordingly, if your brother has not administered the will within this time frame, you can seek to apply to court to have him removed and someone else appointed in his place.
Expert:  Buachaill replied 1 year ago.
2. Secondly, in law, it is only the residuary legatee, namely the person entitle dto the residue of the will, who is legally entitled to see a copy of the will, before it has been admitted to Probate. Accordingly, if you are not named as residuary legatee, then you have to wait until the will is admitted to probate. This will happen in quite short order, normally within three months of the date of death. Once a will is admitted to probate, the will then becomes a public document and anyone can request a copy of it from the District Probate Registry Office in Leeds. You simply pay for the copying charge.
Expert:  Buachaill replied 1 year ago.
3. Be aware that it is usual for an executor to have a reading of the will at which all potential beneficiaries can attend and know the contents. However, there is no obligation on your brother, in law, to hold a reading of the will. Accordingly, you may have to wait until the will is admitted to probate to find out its contents.
Expert:  Buachaill replied 1 year ago.
4. Finally, Margaret, please RATE the Answer as unless you RATE the Answer your Expert doesn't get paid for his work so there is no incentive to answer any further questions.
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