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Thomas
Thomas, Lawyer
Category: UK Law
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Experience:  BA (Hons), PgDip, Practising Solicitor
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my mother died last year i dont know if she left a will as

Customer Question

my mother died last year i dont know if she left a will as im the youngest of nine i was told over the phone that the family home was left to the family three years ago mum give us all a bank book of 600euro i was told that was my inheiratance dont know what to do as one brother lives beside the family home seems to have taken over as caretaker
Submitted: 4 years ago.
Category: UK Law
Expert:  Thomas replied 4 years ago.

Hello Motherhen,

 

Thanks for your question.

 

Obviously, if there is property involved then a grant of probate in you rmother's estate would have to be obtained in order to administer that and other assets. If you are worried that your brother (or one of the other siblings) may be attempting to deal in your mother's estate then you can search to see if a grant has yet been taken out.

 

Information on the probate process here:-

http://www.hmrc.gov.uk/inheritancetax/intro/probate-process.htm

 

If a grant of probate in the estate has been obtained a copy of his Will will be attached to it. You can search the probate calender to see if one has yet been obtained and they pay a fee to receive a copy of it. Follow the instructions on the following site:-
https://www.hmcourts-service.gov.uk/cms/1226.htm



If no grant has been obtained 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 take out the standing search then you will know once a grant of probate has been taken out. This is very important because the grant allows executors to deal (ie. to sell or to cash in) your mother's assets. As soon as a grant is obtained and you have not been informed of it by your siblings then I would go and see a solicitor to check your claim against the estate.

 

You should try speaking with your siblings as to the whereabouts of the Will and their plans for administering your mother's estate. If you are suspicious of them, or they are being very unhelpful then you should go and see a local solicitor practicing probate in your area. They will be able to write formal letters and hopefully this will prompt some activity.

 

If this has been 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

Thomas, Lawyer
Category: UK Law
Satisfied Customers: 6261
Experience: BA (Hons), PgDip, Practising Solicitor
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Customer: replied 4 years ago.

I LIVE IN THE REPUBLIC OF IRELAND IS THIS NOT A DIFFERENT LAW

 

Customer: replied 4 years ago.
as my mothers house is also in ireland not the uk
Expert:  Thomas replied 4 years ago.

Hi,

 

Right, in that case you've got to get in touch with the Republic Ireland Probate Office. Their contact details are available at the bottom of HMCS's webpage on probate:-

 

http://www.hmcourts-service.gov.uk/cms/1226.htm

 

You've still got to attempt to speak to your siblings to see if they co-operate, but at the same time you should take advice from a local probate practitioner about representing you have concerns about the adminstration of the estate.

 

Kind regards,

 

Tom

 

 

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