probate law

[aliowie]

My Gt uncles died leaving a will, he has a girlfriend, she being executrix. Only remaining relatives are nephew and neice (my uncle and my mum). He lived in the family home Ie :-late Grt Gran & Grandads.Newphew & Neice,we were told inherit a third of the estate as he had bequested two thirds go to his charities. We found out that the house is valued and all antiques are being sold at auction but all of the family history (paper work) marriage certs of grand parents etc have been burnt as told to do by the probate officer. My question is:- where do my mum and uncle stand legally with family paperwork ? Is this correct what my gt uncles girlfriend has done by burning all of this without first informing my family

[bednobs]

i can understand where law would cme into t really. If the stuff is burnt, it's burnt, and she can't unburn it. ok, so it might not have been the right thing to do from your families point of view, and it certainly seems pointless, but what can law do about that? its not like marriage and birth certificates are intrinsically valuable, so it's not like they have lost anything of worth (in fact they havent actually lost anything as they never had them in the first place.)

as to you being told you will inherit 1/3 of the estate - is this what the will says?

[bednobs]

sorry, that 1st sentence should read Can't understand

[aliowie]

It has nothing to do with value , it is family history. I know that we can't undo what is done but what i wanted to know is from a legal side of the probate law surely until all involved are notified by the solicitor nothing should be removed from the property. This has not been the case , no one has been notified at all. As a family we have been through theft in a simlar way so causious we are !

[brenda]

The Ofiice of Probate would never tell you to burn all documents ---that part of your story is total rubbish.In fact they would have advised you to keep all until the estate is settled.So who went to get the Probate documents.? Have you seen the will if not you need to get a copy from the Probate office , there is a charge for this.

[aliowie]

To Brenda
I thought so, after going through a simlar thing two years ago it makes you a little causious.
None of the family as yet have been notified of anything being it a will or otherwise.
I know that my mother the neice is now going to contact the solicitor who is dealing with it for more information.
I am the causious one having delt with simlar before so made my feelings known. Hopefully Both will now act on this and do whatever they can .
Thank you

[brenda]

aliowie------Understand you being cautious.glad you have a solicitor involved.You can get copies of any certs you need , but there is a cost for these.

Good luck, sincerely.