how can a person stop someone suppressing a will?

[thesearcher]

how can a person stop someone from suppressing a will? after our father died in 2006 it came to light after a lot of digging that he had left a will we can prove the will is in exsistance however the excutor will not take it to probate even though the will has some sort of trust set up for us children what can be done we have spent a lot of money on solicitors but got better results ourselves

[factor-fiction]

What did your solicitors say and do?
Have you seen the will -how do you know it has a trust for the children?

[thesearcher]

they did little apart from take our money
the will has ben read by one of my sisters who is a named excutor on my farthers wifes death , also have a letter confirming the will is in exsistance from my fathers wife
the will leaves his estate to be divided between his children on his wifes death ( hence the implication of a trust ) but as there is 14 acres of land with planning permision the stakes are now quite high,
this is for information only we have no wish to make our fathers wife uncomfortable
but buy the same token we do feel we should have some sort of protection from loosing what our father left us ,as the land stil is not registered and we feel we could loose it if somthing is not done soon

[jack daniels]

visit citizens advice bureau - they may be able to help

[Prudentia]

Sorry for your plight, but in my experience this is what solicitors do, they are no more than licensed crooks, they take your money and do nothing, if they encounter a difficulty they just charge you more than ever and walk away, my advice is to refuse to pay until you get a satisfactory result, all the magistates know who the crap solicitors are.

[thesearcher]

but we still need help about this wil ,we have used what cash we could spare,now it seems if you have no money you can get no protection

[jack daniels]

like I said try CAB - they may be able to put you in touch with a law firm that charge nothing for some advice & then you may know what to do or what steps to take next

[thesearcher]

i wonder if it would be wrong if we said our father died without a will and once things have started produce the letter to force the hand that hides it?

[Prudentia]

hole in one, wish I could help more having been ripped off by a crooked solicitor who thankfully got two years in chokey, wish Richard Branson is an ABer, he would go for their throats.

[thesearcher]

thanks jack daniels
will try to contact CAB but im not hopefull as i hear they are virtually unobtainable nowdays a people have far worse problems the we have

[thesearcher]

thanks Prudentia
it looks as though we will have to use the intestate law to force the will into the open, so all parties get the security and potection they deserve , as we have to do somthing and soon as time is running out

[thesearcher]

how true is this?
Whilst there is no set time during which an estate must be resolved it is generally accepted that one year is reasonable and excessive periods over and above one year that cannot be justified by unusual circumstances are unreasonable and can lead to legal action being taken by a beneficiary against an executor who may become personally liable for any subsequent losses.

[Prudentia]

Lets all e-mail Richard Branson to sign up to answerbank, it would be a blood transfusion that would shake up the world, he' s bl???y good at rocking the boat and tipping the t???s over the side.

[factor-fiction]

I'm confused by the postings. Are you claiming you were left smething (a trust) in your father's will which you should get now or only after your father's wife dies.
My interpretation is the altter- you want to know what you will get when the wife days. I interpret ths from your statement "the will leaves his estate to be divided between his children on his wifes death ( hence the implication of a trust ) "

If he stakes are as high as you suggest you really need to get another solicitor.

[thesearcher]

hi factor30
after my father's wife dies
we know what we will inherit
but we need it to be taken to probate to secure it , which she will not do
but as the land is still not showing as registered we are concerned she will sell it ?
but i would have thought as its willed to us children she can not sell it or interfere with it in any way apart from living on it
and its on these points we require guidance
can she do as she likes whith the land in trust for us children
and how do we force the wil to probate?
again i must stress we mean no harm to my fathers wife we just want the security provided after probate

[factor-fiction]

Are you sure she'll die before you? If the land is hers now, is there a reason why she shouldn't be allowed to sell it (or give it away) if she wants? Are you saying you think it was left to her on the proviso that she leaves it to you when she dies? IOr are you saying it was left immediately t you in the will but she isn't going to probate and so you can't get your shre of the estate.

If she hasn't gone through probate the land is presumably still in his name not hers yet so she can't sell it. So what do you think is the problem? What do you think her motive/aims are?

I think your explanation is so complicated/unclear at the moment you'll be lucky to get a wholly reliable answer on AB. Why not spend some of your future anticipated wealth on a good solicitor .

Forgetting all detailed ramblings and rants , is your question simply 'how do I find out whether I am a beneficiary- can an executor be forced to go to probate (after which the probate and will will be published) or can the executor drag his/her feet for years . " If so, that is a good question.

[thesearcher]

well
can an executor be forced to go to probate (after which the probate and will will be published) or can the executor drag his/her feet for years ?
.

[factor-fiction]

Good question!
Normally there would be no benefit since by delaying probate the executor (if also a beneficiary) will have to wait longer before getting his/her own share too. I'll do some digging tonight.
In the meantime, can anyone else advise?

[themas]

You haven't answered factor30's queries. Do you know whose name was on the title deeds before your father died? If it was his name alone then his wife cannot sell the land without getting probate so you don't need to worry about that happening (unless you think she is dishonest enough to pretend he is still alive and forge his signature on the documents).

I assume you think that the will leaves a lifetime interest to his wife, with the land coming to the children on her death. Is that the case? If it is not, then what is the purpose of the trust and how can you be sure the will intended to leave an interest to you and the other children?

I don't know what you can do about the refusal to get probate, but go here:

Probate Helpline 0845 3020 900

It is the Probate Registry and should be able to advise you. However, I suspect that to do anything if she still refuses you will be involved in Court action, which will cost you in legal fees.