Wills

[crowbarcroz]

My dad passed away three months ago, my step mother is saying everything was left to her but she is not letting me have a copy of the will. have asked if the probate registry have it but it has not been registered, either because it hasn't been read yet or there is no problem with it. Legally can I request a copy of the will? How do I go about it?

[Postdog]

I wouldn't trust advice on here with something like that - to me, something seems fishy, so I'd get a solicitor involved. It may be that for some reason it is not a legal will, and surely all relevant parties would have an interest, not just your step mum.

[jedimistress]

Was there definately a will? If not, I believe everything goes to the marital partner, but I'm not 100% sure.

[fredpuli47]

Three months from death is hardly any time at all in a probate case.How much and what did you dad own : the house, business, shares, what ? In most cases there has to be a valuation of property and possessions, income tax returns prepared to date of death, and an extensive form completed for the Revenue, listing property and a history of any gifts made by the deceased, and much else, and any inheritance tax paid, all before probate is granted. That all takes time.

The way your stepmother talks, there's a will. That will is no use unless and until it is admitted to probate. Then the executors named in the will, (who might well include your stepmother or you) if they've agreed to act, take over and start distributing the estate according to the will.Your stepmother can't do anything with your late father's property until probate is granted: it's not hers, whatever the will says, until then. When probate is granted the will becomes a public document for anyone to read.

If there is no will then intestacy rules apply. The surviving spouse gets all the deceased's personal possessions and up to a set sum (still, I think, �125,000 ) absolutely. As to the rest, the children get one half of it absolutely and the spouse gets just the income on the other half for life

[Buenchico]

If there is a will, it should eventually become a public document. You can 'enter a standing search' with the Probate Registry. Doing so means that you'll automatically be sent a copy of the 'grant of representation' as soon as it's made. It only costs a fiver. The search remains in place for up to 6 months but it can be renewed for a further �5 fee if necessary:
http://www.hmcourts-service.gov.uk/cms/1211.ht m

If your father did not leave a will, the value of the estate would have to exceed �125,000 for you to be entitled to anything. Otherwise everything would automatically go to your stepmother:
http://www.hmcourts-service.gov.uk/infoabout/c ivil/probate/why_will.htm#chart

Chris