I am a step-father married to the mother of my step-daughter (we'll call her 'Sarah')I have reason to believe that the Sarah's real father('F') and grandparents('GPs') have spent, stolen or misappropriated more than £10,000 in inheritance which was originally due to Sarah and her siblings. This inheritance is from the death of Sarah's Great-grandmother on the father's side.The problem is that we're not actually sure whether this inheritance was outlined in a will or whether it was an informal goodwill gesture.We first need to know what was in the will and if the executor carried out his\her duties..Can you please advise?
System of Law: England-and-Wales
This is our first port of call. :)
You can get copy will from HM Probate Registry for £5 if it was admitted to probate.
There is no duty on executors to let you have it but we always advise they do so to be totally transparent
Can I help further?
Thank you for your response.Can you just clarify how else a will may be 'created' (for want of a more accurate term), if not admitted to a probate. Are probate registries the normal process?One more thing. The Father claims :"Well I thought everyone was in the will but I learnt early this year that, that will got destroyed and they got my nan to change it when she was ill and had demencha so it went to them, even my nan sis and brother was not included in it and they where in the old one"I assume they cannot 'destroy' a will. What are the legal implications of 'getting someone to alter the will' when they have dementia?Sorry so many questions. I'm grateful for your help.
A will can only be created by the person making it although someone with dementia can make a statutory will (uncommon) which leaves things in a set order.
Of course a will can be destroyed but if done by someone not entitled to do so it is criminal damage and if done to change the persons wishes, possibly fraud.
A will is usually only admitted to probate if assets incl house are over £20k.
Over that sum it always is, under that some it sometimes is.
Please press accept and I will clarify any points. The thread remains open for me to answer follow up points for you. Thanks
PGD Law. 20 years legal profession, 6 as partner in High Street practice
I have accepted and I am grateful for your time.Many thanks.
THIS ANSWER IS LOCKED!You can view this answer by clicking here to Register or Login and paying $3. If you've already paid for this answer, simply Login.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).