wills- next of kin

[heliboy]

Hi, My friend (widow) has recently lost her Father in law in May this year. There are three next of kin, Sister in law (possible executor) and two grand daughters (decendants of my friends late Husband). We have been informed by the Sister in law that all procedes of a will are bequethed to her. We have checked with the local probate register (nothing registered). We are now coming up to six months after the death. The solicitor dealing with the estate has not even the decency to reply to a letter. Can the will be contested by the two grand daughters? Do we just accept the Sister in laws explanation? The extent of the estate amounts to circa �180k. Would apreciate a lerned realistic response

[Buenchico]

(2-part post):

With only a few exceptions, someone can leave their estate to whoever they like and nobody else can do anything about it. Those exceptions generally only apply to persons who were in some way dependent upon the deceased. So, for example, a will which left nothing to a person's school-age children could (and almost certainly would) be contested. However, once those children reach an age where they are no longer dependents of the person writing the will, it would be perfectly in order if they were left nothing.

As there is nothing in your post to indicate that your friend's late father-in-law had any dependents, he was free to leave his money to any person or organisation of his choice. (He could, for example, have left it all to Battersea Dogs' Home. Nobody in the family, other than any dependents of the deceased, would have any right to contest this).

So, as long as the sister-in-law is being truthful when she states that she is the sole beneficiary of the will, she has every right to retain the full proceeds of the estate.

[Buenchico]

Your post indicates that the matter is in the hands of a solicitor. That suggests that things will be done 'by the book' (if incredibly slowly). The solicitor won't be able to do much until probate has been obtained. Until that point, he's not officially acting on behalf of the executor (because the the sister-in-law hasn't been formally recognised as executor by the probate office). It may be, therefore, that he's waiting until probate has been granted before replying to your letter.

Obtaining grant of probate can take anything from a couple of weeks to a couple of years (or even longer in rare cases). Once probate has been obtained, the solicitor (as the representative of the executor) will be obliged to contact all of the beneficiaries. If the grand-daughters are actually beneficiaries, they will find out at this stage. Additionally, when the will has been 'proved', it will become a public document and your friend will be able to check the details for herrself.

In summary, unless the grand-daughters were in some way dependent upon the deceased person, they have no right to contest the will. If they are beneficiaries, the solicitor will be obliged to contact them. Otherwise your friend will have to wait until the will becomes a public document before she can check its contents.

Chris

[heliboy]

Many thanks for the advice,
Looks highly unlikely that the girls can contest!