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James Mather
James Mather,
Category: Family Law
Satisfied Customers: 22629
Experience:  Senior Partner at Berkson Wallace
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contesting a will my mother has left a will leaving money

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contesting a will my mother has left a will leaving money to my nephew and niece my brother tells me .i have not seen the will and he wont tell me anymore than that as i am the eldest am i entitled to the residue of the estate unless it actually says that i get nothing in the will thanks XXXXX HILL
Do you have a specific question?
Customer: replied 5 years ago.

who is entitled to get the residue of the estate if the will does not state the fact who gets whats left after the the bequests as i am the eldest what am i entitled to

If there is no residue provision in the will it is dealt with in accordance with rules on intestacy which are here.

You being the eldest is immaterial.

Does that answer the question?

Customer: replied 5 years ago.

in the event of not seeing the will because my brother wont let me see it ,and if he is not mentioned in it what is the next step , or how do i get to see it do i have to involve the police to get the information i want

You will be
wasting your time with the police because by no stretch of even a very vivid
imagination is this a police matter.

Beneficiaries have
no automatic right to see the will. Until such time as it is admitted to
probate when it is then available from the probate registry for the payment of
just 5 pounds.

I always tell
executors (assuming that your brother is the executor) that there is nothing to
be gained by being secretive and, on the contrary, all it does is raised

You can apply
court to place a caveat

which will prevent
him obtaining probate. Thus he will not be able to deal with the estate until
you left it or it expires.

You can only do
that however, if you have cause to contest what is in the will.

You can threaten
to make an application to court for what is known as "pre-action
disclosure" to make him give you a copy of the
will, so that you can see what is in it to decide whether you wish to contest
it or not. That letter is better coming from a solicitor because he is likely
to take more notice of the solicitor's letter. The solicitor can threaten
applying to court for legal costs.

Can I help further?

Please bear with me today because I will be online and off-line with clients
and other users and travelling.

Please don't forget to positively rate my answer service (even if it was not
what you wanted to hear) and I will follow up any further points you raise for

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The thread remains open.

Customer: replied 5 years ago.

thanks that answers a lot now for the degree of difficulty as my mother never trusted banks she had it in cash hidden in her flat and the flat is at my sister inlaws business premises , now my mother had been housebound for the past 2 years and my sister in law has been collecting her pension for her so she has a good idea of how much my mother had about she was 89 when she died and i believe she had about 60 thousand pounds tucked away so this is my dilemma , so must they actually put the in probate thanks

No need for probate then.

You can still apply for pre-action disclosure

Customer: replied 5 years ago.

one last question , if they have taken the money and have no intention of disclosing the amount , other than what my bequested and the funeral costs i also believe she had policies to cover this they would have paid up policies ,also if i had a date for when the will was made it would show that she had the money for the bequestes then ,so what has happened to the money she has save since then . hence my question about the police as surely this would be embezzlement thanks

It is theft if they do that but you will need some proof to go to Police with
James Mather and other Family Law Specialists are ready to help you
Customer: replied 5 years ago.

as the next of kin that is my brother and i , would the remainder be divided between us if there is nothing said about this in the will , i just need to know who will benefit from what is left , thanks for your help

It would be divided equally between all siblings
Customer: replied 5 years ago.

thank for your help ,i shall take it to the police and tell them she died intesate as i have been shown nothing to contradict this and i do not want them to dispose of everything and hide the proceeds , i have left you a bonus thanks again B J Hill

I am just on my way into the office and will get back to you as soon as I arrive.