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F E Smith
F E Smith, Advocate
Category: Law
Satisfied Customers: 16512
Experience:  I have been practising for 30 years.
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My mother has recently passed away and my brother has taken

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My mother has recently passed away and my brother has taken over and won’t share anything and claims it my mother’s wishes everything he is doing, how can I view my mother’s wishes? I know which solicitor her will etc is with can I call them and ask to view etc
Assistant: Where are you? It matters because laws vary by location.
Customer: Uk
Assistant: What steps have you taken so far?
Customer: I haven’t taken any as of yet as unsure
Assistant: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you

Good morning. I will assist with your question - be aware this is an email not chat service therefore i maybe delayed in replying.

was there a will?

what do you mean taken over?

is there a property? money?

F E Smith and 7 other Law Specialists are ready to help you
Customer: replied 7 months ago.
there is a will, there is property and money,
He has arranged funeral and been very devious when I text to ask him questions he will just reply it was mother’s wishes but myself and my brother have not had sight of the wishes

Thank you - I have client at moment but will call asap - if this is ok please reply back to me on here and i will know you are waiting.

Customer: replied 7 months ago.
Sorry I pushed the wrong button I would like to cancel the phone call

yes thats fine - we can carry on online

Customer: replied 7 months ago.
Thank you
Customer: replied 7 months ago.
It has taken payment for the phone call from my bank
Customer: replied 7 months ago.
Thank you has been refunded

Whether your mother’s wishes are in a letter, or in a will, if you won’t let you see them and you don’t think he is honouring them, then you can’t beat him with a stick until he gives up and hands them over. Your only remedy is to take him to court to get an order for pre-election disclosure of whatever the document is.

You can also ask the court to award costs against him on the basis of his unreasonable behaviour.

You may find that a strongly worded letter from a solicitor threatening a court application and an application for costs, may focus the mind without actually the need to get to court.

Check your house insurance to see if you have legal expenses cover that would pay for the legal cost of taking this to court.

Can I clarify anything else for you?

I am happy to answer any specific points arising from this.

Please take a moment to look at the top right-hand corner of the page and rate my service by clicking one of the stars at the top of the screen.

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Thank you.

If you still need any points clarifying, I will still reply because the thread does not close.

Best wishes.

FES

Customer: replied 7 months ago.
Thank you am I able to call
The solicitor and ask them to view this? And find out who executor are etc?

They are unlikely to give you the will unless you are the executor.

My view with this is that anybody who has a reasonable expectation of seeing the will can see it. I can see no point in being awkward.

It becomes a public document when it is admitted to probate in any event. That is, the will becomes a public document, the letter of wishes doesn’t.

Customer: replied 7 months ago.
Ok thank you

I am glad to help.

Customer: replied 7 months ago.
I can view probate once it been submitted? Is that o. The government website

Yes you can once granted, not just submitted. You can get a copy from the General Register office and I think the fee is GBP10.