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Clare, Solicitor
Category: UK Law
Satisfied Customers: 34236
Experience:  family solictor with 25 years experience
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My cousin's father has died and s uncle is dealing with the

Customer Question

My cousin's father has died and his uncle is dealing with the estate. My cousin has asked to see a copy of the will or the name of the solicitor who holds the will. His uncle has declined on both cases. I have searched probate and it doesn't appear to have been granted.
Submitted: 2 years ago.
Category: UK Law
Expert:  Clare replied 2 years ago.


Thank you for your question

My name is ***** ***** I shall do my best to help you

When did his father die?

Customer: replied 2 years ago.
Hi Clare,I mistakenly thought his father had died hence looking online for probate. He is actually in late stages of dementia and in a home. His uncle has power of attorney, and has just sold the house.Steve
Expert:  Clare replied 2 years ago.


Would you like to know anything more about the legal position?

Customer: replied 2 years ago.
my cousin has a concern that his uncle will not manage the estate well, this needs to fund his father's care plan, and he doesn't use it for his own benefit, and ultimately respects the terms of the will
Expert:  Clare replied 2 years ago.

What exactly makes him think this (this is important)

Customer: replied 2 years ago.
When his uncle refused to give him a straight answer to any of the questions he asked of him, he became suspicious of his motives. For example, what are the care terms for his father, is it funded by the state or self funded,as you may be aware selling the house would automatically move his father into the latter. Will the sales of house fund the ongoing care requirement.He is next of kin, I suspect that his rights only exist after his father dies, and actually he will only be able to act retrospectively if his uncle has maladministered his father's estate. It is this last sentence on which your advice is requested
Expert:  Clare replied 2 years ago.

In fact the house does have to be sold to fund your Uncle's care - the Local Authority will have required it.

Your cousin has no right to see the Will until after his father has died and Probate has been granted

If he has concerns about the actions of the Attorney then he can raise the issue with the Court of Protection

details here

I hope that this is of assistance - please ask if you need further details

Customer: replied 2 years ago.
thanks, ***** ***** me solid points to discuss with him.regsSteve
Expert:  Clare replied 2 years ago.

You are welcome