Dodgy Will

[adwzie]

I desperately need advice on what to do regarding a family member's inheritance. She recently died without anyone in the family being aware of a will. However her partner of the last 6 years is claiming that she did make a will and it basically leaves everything to him. This is deeply suspicious as:

1. The will wasn't filed with a solicitor and he's refusing to give the contact details of the "family friends" who supposedly hold the will

2. Accordng to his version nothing has been left to either her daughters or grandchildren (there were no family feuds that would explain this)

3. This would also mean that this guy now owns half her 90 year old father's house (her own mother died years ago). Obviously the old boy is in a lot of distress about this.

I'm basically hoping that he can't actually produce a valid will but if he can is there anything we can do?

[ruthyk]

I desperately need advice on what to do regarding a family member's inheritance. She recently died without anyone in the family being aware of a will. However her partner of the last 6 years is claiming that she did make a will and it basically leaves everything to him. This is deeply suspicious as:

1. The will wasn't filed with a solicitor and he's refusing to give the contact details of the "family friends" who supposedly hold the will

2. Accordng to his version nothing has been left to either her daughters or grandchildren (there were no family feuds that would explain this)

3. This would also mean that this guy now owns half her 90 year old father's house (her own mother died years ago). Obviously the old boy is in a lot of distress about this.

I'm basically hoping that he can't actually produce a valid will but if he can is there anything we can do?

If he cant/wont physically produce the will, then the estate will fall to be distributed through the laws on intestacy. If he hasnt produced it yet, whoever is the next of kin ought to see a solicitor as soon as possible about applying for a grant of administration. Once the grant is in place, the adminstrator is entitled to distribute the estate according the intestacy rules.

However, if he shared a home with the deceased, he may be entitled to something from that, and anything held in joint names may be due back to him either partially or in full depending on how the equitable interest is held. You really need to see a solicitor asap- the cost of legal fees would normally be met by the estate.

Quick link here http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

If he does produce a will, have its authenticity checked. In certain circumstances its possible to challenge a valid will if provision is not made for family members who have a reasonable expectation of support- but again, im not an expert, so get legal advice asap! good luck

[juvenal]

If he cant/wont physically produce the will, then the estate will fall to be distributed through the laws on intestacy. If he hasnt produced it yet, whoever is the next of kin ought to see a solicitor as soon as possible about applying for a grant of administration. Once the grant is in place, the adminstrator is entitled to distribute the estate according the intestacy rules.

However, if he shared a home with the deceased, he may be entitled to something from that, and anything held in joint names may be due back to him either partially or in full depending on how the equitable interest is held. You really need to see a solicitor asap- the cost of legal fees would normally be met by the estate.

Quick link here http://www.direct.gov.uk/en/Governmentcitizensandrights/Death/Preparation/DG_10029802

If he does produce a will, have its authenticity checked. In certain circumstances its possible to challenge a valid will if provision is not made for family members who have a reasonable expectation of support- but again, im not an expert, so get legal advice asap! good luck

Great advice. This 'partner' is a chancer. Get a solicitor involved immediately.

[generation jones]

Next of kin should apply for a grant of letters of administration if you are sure she did not leave a will (have you checked with solicitors she had used in the past?) and it will force her co-habitee to produce will if it exists.

http://www.hmcourts-service.gov.uk/infoabout/civil/probate/index.htm

This link will assist (see right hand panel). Partner will probably apply for maintenance under the inheritance (provision for family and dependents) act 1975 and may be sucessful. Best advice - see a solicitor, especially if the closest next of kin.

[stargazer]

Looking at this logically, if the will does exist I would have thought that this person would want it out in the open as soon as possible.

Get legal advice (from a solicitor) as soon as possible.

[cartimandua51]

Solicitor. Pronto. This is the sort of thing they are good at!

[adwzie]

Thanks all for the advice.

Latest update is that the "family friends" weren't actually holding the will although he still claims to have a valid copy. This explains why he didn't want to give their contact details but I guess doesn't really change anything.

I spoke to a solicitor this morning who advised we should apply for a caveat which will delay him gaining probate until we've at least seen his version of the will.