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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 8973
Experience:  I have been practising for 30 years.
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I am an executor to a will,but the person who holds the will,

Resolved Question:

I am an executor to a will,but the person who holds the will, won't let me see the will,and the solicitor as not made contact with me
Submitted: 11 months ago.
Category: Law
Expert:  F E Smith replied 11 months ago.
Could you explain your situation a little more please?In particular, I need to know who it is that holds the will and if you are the executor what the solicitors have to do with it?
Customer: replied 11 months ago.
(Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Customer: replied 11 months ago.
My uncle died a month ago.he married a gold digger 15 yrs ago.she is in a home with dementia.her daughter phoned me to tel me my uncle had died,and that she and myself are excecutors to the will, but when I asked to see the will ,I got told its all left to her mother and will not show me the will or who the solicitor that as a copy.
Expert:  F E Smith replied 11 months ago.
I understand that you would like a live telephone call. There is an extra fee for that which I have submitted as a Premium Service. We can then talk at length on the telephone if you accept the Premium Service offer.
Customer: replied 11 months ago.
I would just like an answer to my rights please
Expert:  F E Smith replied 11 months ago.
Thank you. I was advised that you wanted a live telephone call which is why I submitted the proposal. I can answer you on here if you wish.If your uncle’s stepdaughter who has the will, will simply not hand it over and you do not know what is in it, there is no other remedy for you than to threaten court proceedings for an injunction and the cost of making the application to make her give you the will and if she does not respond to the threat then actually take her to court to get the injunction.It could well be that her mother has been left everything but it could well be possible (and it will be necessary if property is involved) that probate will have to be applied for and you will have to make the application with her if you are a joint executor.It does seem remarkably suspicious that she is saying everything is left to her mother but then won’t hand over the will or a copy. That would resolve the issue quite quickly and she loses nothing by letting you see it. If you are a joint executor she is going to need you to cooperate in her mother getting your hands on the assets.If solicitors are holding the will, they should contact you separately to advise you that they are holding the will. You can write to all the local firms of solicitors asking them whether they hold the will and advising the solicitors that you are a co-executor that can at times be like trying to find a needle in a haystack. It is very common to such letters to be received, even from other solicitors trying to find a copy will or an original.There is no mechanism for you to put pressure onto the reluctant daughter other than to threaten court proceedings and if that doesn’t work, to actually issue them.Can I clarify anything for you?Please don’t forget to rate the service positive.Best wishesFES
F E Smith, Advocate
Category: Law
Satisfied Customers: 8973
Experience: I have been practising for 30 years.
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