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Joshua
Joshua, Lawyer
Category: Law
Satisfied Customers: 32231
Experience:  LL.B (Hons), Higher Prof. Dip. Law & Practice
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I called citizens advice a few months ago about the will of

Customer Question

Hi,
JA: Hi. How can I help?
Customer: I called citizens advice a few months ago about the will of my uncle Brian Martin. There are 4 cousins and he had no children and was never married..my cousin allan was his executor and said I'm not in his will but I've asked to see the will and he has never been forthcoming, I cant afford a solicitor so not sure what to do now. Any advice?
JA: Where are you? It matters because laws vary by location.
Customer: Cambridge England
JA: What steps have you taken so far?
Customer: I've just asked him for a copy of the will, but heard nothing, this was about over a month ago
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Nothing
Submitted: 16 days ago.
Category: Law
Expert:  Joshua replied 16 days ago.

Hello and thank you for your question. My name is ***** ***** I will be very pleased to assist you. I'm a practising lawyer in England with over 15 years’ experience. Please be aware that although I will endeavour to reply to you promptly, I am also in full time private practice and so I may not be available to respond immediately and it may also take me a few minutes to prepare a reply. The site will notify you as soon as I respond. I look forward to working with you to answer your question fully.

Expert:  Joshua replied 16 days ago.

I am sorry to read of the above. May I confirm of the executor has yet applied for probate in your uncle's estate please?

Customer: replied 16 days ago.
it should have been sorted out by now. But my cousin is withholding the will
Expert:  Joshua replied 16 days ago.

thank you. Sue for the avoidance of doubt, has probate been applied for so far as you are aware or are you not certain on this point?

Customer: replied 16 days ago.
My uncle left a will that probate was sorting out and should have been sorted by now
Expert:  Joshua replied 16 days ago.

thank you. If an application for probate has been made and granted, then you will find a record of it at the following link:

https://www.gov.uk/search-will-probate

once  probate has been applied for, a will becomes a public document and as such, you can civilly obtain a copy of the will for a nominal fee from the same above link.

If probate has not yet been applied for and you believe you are a beneficiary under the will, then you have the option either to wait until probate is obtained whereupon you can obtain a copy of the will which is by far and away the more straightforward approach. Alternatively, you can subpoenaed a copy of the will to be produced to the probate registry. This does not mean you will immediately be entitled to see it - rather, the probate registry will require the executor to produce the will to them and then make a determination as regards ***** ***** are entitled to have sight of the will not based principally upon whether you are a beneficiary under the will or not.

In order to subpoena a copy of the will, whilst in principle it is possible for you to do this yourself, it is not a straightforward application and would normally require the instruction of a local solicitor to assist you in this respect

Customer: replied 16 days ago.
I'm not sure if I understand all this
Expert:  Joshua replied 16 days ago.

if you have any further questions on the above, I'm very happy to address them

Expert:  Joshua replied 15 days ago.

I hope the above is of some assistance but if you have any further questions, please revert to me.

Expert:  Joshua replied 14 days ago.

I trust the above was of assistance and that you do not have any follow up questions for now. If there is anything else I can help with please reply back to me though.

Expert:  Joshua replied 13 days ago.

I hope I was able to answer your question. If you would like to ask me another question in the future, you can add me as a favourite Expert. You'll have the option to do that on your "My Questions" page if you choose to rate our interaction or you can request me by name if you wish. Thank you again for visiting JustAnswer and see you again in the future I hope.