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Thomas
Thomas, Solicitor
Category: UK Family Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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My Dad recently died unexpectedly and there has to my knowledge

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My Dad recently died unexpectedly and there has to my knowledge no will made. Is it possible to find out if he has and didn't tell anyone?
Submitted: 4 years ago.
Category: UK Family Law
Expert:  Thomas replied 4 years ago.

Hi,

 

Thanks for your question. It's a difficult situation and you have my sympathies.

 

There is no requirement for a Will to be lodged somewhere specific, it's would have been the choice of your father where he left it. If he used solicitors during his lifetime then I would certainly give them a call and let them know the situation and that you need to find out if he has lodged his Will with them.


If he has made a Will then it will specify who he wished his executors to be and the solicitors will get in touch with them (if you are not named as executors yourselves) and refer the matter to them urgently.


A person can lodge their Will at the probate registry and you can check to see if they will confirm if they have it lodged but you will have to explain your situation to them. This is not a requirement and it is fairly uncommon to have it lodged in this way - most people either leave it with their solicitors or retain wills themselves:-

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

 

If the estate is small (eg. less than £5000.00) then a grant of probate may not be required and the estate could be administered with a grant. If the estate is much more than this then a grant of probate will be required. If this is the case then you should make a "standing search" of the calender, which will notify you and send you a copy of the grant if one is take out within 6 months of the date of the search:-

https://www.hmcourts-service.gov.uk/cms/1211.htm

 

If you have real concerns about your sister then you and your other sisters need to get immediate specific advice from a local solicitor who will write to your other sister and explain your concerns, it may be that this becomes a case of contentious probate or it may prompt her compliance. You should also call the banks and tell them of your concerns.

 

If this is useful please kindly click accept so that I may be rewarded for my time. It will be gratefully received and you will be free to ask follow up questions.


Kind regards,


Tom

 

 

Customer: replied 4 years ago.
It's not really the answer I was looking for! I don't know if he used a Solicitor so does that mean that I wouldn't be able to find out?
Expert:  Thomas replied 4 years ago.

Hi,

 

Sorry, I hope you are able to appreciate that there is little point in sugar coating the situation for you.

 

You should ask your other sisters if they are aware of him using solicitors in his local area for any other purposes (eg. buying a house?) and then try contacting them. Alternatively you could just try calling the main local solicitors. It's a bit of a fishing exercise really and to be safe I would take the advice of a local solicitor.

 

I hope this clarifies, if so please click accept.


Tom

Thomas, Solicitor
Category: UK Family Law
Satisfied Customers: 6525
Experience: BA (Hons), PgDip, Practising Solicitor
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