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Aston Lawyer
Aston Lawyer, Solicitor
Category: Law
Satisfied Customers: 10779
Experience:  Solicitor LLB (Hons) 23 years of experience in Conveyancing and Property Law
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Can you advise please. my ex mother in law has just died. My

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Can you advise please. my ex mother in law has just died. My ex husband has remarried, however as his first wife we had our only daughter together, she is the only female grandchild and infact blood relative. My daughter has not been allowed to see her grandmother's will but she ha asked for one item, which is her grandmother's wedding ring. I am told that the executor, my ex husband has given this to his current wife, does my daughter have any course of action to request this item please?


Hello there,


Thanks for your enquiry.


Your Daughter is not automatically entitled to any belongings or assets of her late Grandmother. Only if she has been left a legacy in the Will is she entitled to such a legacy.


An Executor is under a duty to inform all beneficiaries of their respective legacies so I am guessing that no legacy has been left to your Daughter. Beneficiaries only are entitled to see a copy extract from the Will detailing their legacy and no-one else is entitled to see a copy.


However, if Probate has been granted, the Will becomes a public document and anyone can request a copy from York Probate Registry, at a cost of £10. Probate is normally required to be obtained by the Executor if the Estate is worth over £10,000 or if there was a property left by the deceased.


If Probate has not or is not being applied for, I'm afraid the Will and its contents remains private.


I would suggest that you contact Leeds Probate Registry, who can carry out a search to see if Probate has been obtained, and if so, you will be able to obtain a copy of the Will. You can contact them on 0113(NNN) NNN-NNNN


I am sorry this is perhaps not the answer you were looking for.


I hope I have assisted, but please let me know if you require any further clarification.


Kind Regards


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Customer: replied 4 years ago.

I thought that this would be a tricky one! My understanding is that my ex mother in laws will is not subject to probate and that my ex husband is executor and beneficiary together with his younger brother. If the estate is left in equal shares to them both and it is agreed that my ex husband shall receive his mothers wedding ring, I imagine that he is within his rights to give this to whom so ever he pleases, to include his current wife, am I right?


Sad one this, see too much of this in my job as a nurse, but have suggested that my daughter tell my ex husband how much this means to her and ask as executor he considers her request in the light of his responsibility to be fair and equitable. Would you consider that worth a try?


Hi again,


As regards XXXXX XXXXX ring, I am afraid that if your ex husband receives it as part of his entitlement, he is free to then pass the ring to any one he wishes, I'm afraid.


Your Daughter will therefore need to appeal to his best nature, and it certainly is worth a go!


Good luck.


Kind Regards


Customer: replied 4 years ago.

Thanks, XXXXX XXXXX thought that was the gist of it. I never managed to locate his best side, may be she'll have better luck.


All the best Frances!


Kind Regards