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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34106
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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My father passed away, and made my deceased brothers

Resolved Question:

My father passed away, and made my deceased brothers girlfriend executor of his will, his funeral was last week, the will is free of probate & i know the 3people he left money to, with the remainder left to myself, can I now legally have a copy of the will? The executor has told one person who is in the will that she has all the monies & will be sending the money to her in a few weeks, is this legal or should his solicitor be doing this? Could you please advise me. I need to tell you i cannot make a payment at this time, i am a pensioner 70yrs old & my funds are limited, i apologise if i have wasted your time. S.Alborough.
Submitted: 10 months ago.
Category: Law
Expert:  Clare replied 10 months ago.

Thank you for your question

My name is Clare

i shall do my best to help you but I need some further informtaion first.

Do you mean that the Estate is too small to need to go to Probate?

Customer: replied 10 months ago.
i am assuming it was as the executor told me it never had to go to probate, dad's solicitor informed her, there would have been app £15,000 in dads account. S.Alborough
Expert:  Clare replied 10 months ago.

Have you asked for a copy of the Will?

Customer: replied 10 months ago.
last week but was told i had to have permission of the executor, i intend to request a copy again today,
Customer: replied 10 months ago.
But as executor has informed a recipient that she now has the monies to in an account and will be paying them in a few weeks, i can see no reason why they would say no, as i am his daughter and next of kin.
Customer: replied 10 months ago.
I'm sorry i cannot afford to phone you.S.Alborough
Customer: replied 10 months ago.
Asked solicitors once more today & was told yet again i need to have the executors permission to have a copy of dads will. S.Alborough
Expert:  Clare replied 10 months ago.

My apologies

I meant have you asked the Executor for a copy of the Will - not the solicitors

Customer: replied 10 months ago.
I sent her a message to say i needed a copy of the will, she has not replied as she does not talk to me & by not giving her permission i am unable to do anything, & of course the solicitor cannot help, thankyou for replying to me, i can do nothing now but wait until this woman releases the funds she is holding, once again thankyou.S.Alborough.
Expert:  Clare replied 10 months ago.

Actually you can do more than that.

You need to write a formal letter to her.

It will need to be calm and straightforward.

Tell her that you are aware that there was no need to obtain probate of the Will and that you have heard that she will be dealing with the money in the near future.

Say that you are aware that as the Residuary beneficiary you are aware that you are legally entitled to a copy of the Will and a copy of the Estate accounts and that you look forward to receiving them in due course.

In fact she can delay paying anything out as she needs to check that there are no hidden debts - but after a year she would have to pay you interest on the money

I hope that this is of assistance - please ask if you need further details

Customer: replied 10 months ago.
Thankyou Clare, i am grateful for your advice, i will write to her, however i won't be surprised if she doesn't reply, as she a person who is full of self importance, and very spiteful, but i can only try, thankyou for your advice, I'm very grateful, i don't know why my father's solicitors couldn't have been more helpful.S.Alborough
Expert:  Clare replied 10 months ago.

They are stuck in the middle I am afraid as they may well be advising the Executor

Customer: replied 10 months ago.
you are probably right, time will tell, meanwhile i will wait and see what happens, after this experience i will be very wary in the future. Thankyou for everything. S.Alborough
Expert:  Clare replied 10 months ago.

You are most welcome - i do hope it goes smoothly

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