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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10528
Experience:  Barrister 17 years experience
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My wife's mother has just died and her brother is the executer

Resolved Question:

my wife's mother has just died and her brother is the executer to her will ,he is also her POA. we haven't spoken to him for 10 years and we are very suspicious of how he has handled her finances. he persuaded her to change her will about 2 years ago.
how quickly must he tell my wife the contents of her new will.
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. Dear *****, it is important to distinguish two stages in the processing of the will. The first stage is after death and before probate has been issued for the deceased's will. During this phase, it is usual for the executor to arrange a reading of the will so everybody is informed of its contents. However, there is no legal obligation to do so, so this cannot be enforced. However, your wife should ask for a reading of the will. During this period the only person with a legally enforceable right to see the will is the residuary legatee, who is entitled to see a copy of the will.
Expert:  Buachaill replied 1 year ago.
2. The second stage in the processing of a will is after the will has been admitted to probate. Once the will is admitted to probate, then it becomes a public document and can be inspected in the District Probate Office in Leeds. You can order a copy of it and read it. Here, all persons - the world at large - can view the will and see its total contents. During this period, your wife can see a copy of the will and see how it affects her and any share she gets.
Expert:  Buachaill replied 1 year ago.
3. Be aware that it is open to the executor to decide how long to take to admit the will to probate. However, the executor can be cited - or asked if they wish to admit the will to probate - and then they either renounce the ability to probate the will or move it forward to probate. If they don't take up probate, then someone else can step into their stead.
Expert:  Buachaill replied 1 year ago.
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