benefactor wills & probate

[caron musson]

A friend died three years ago now, and I have just been informed that the deceased had left a small sum of money for each of my children,and his wife had said "no way", would she be able to do this?
I understand that "the will" is now public and anyone can see it?
I know nothing about "wills" and if my children were left something by him (my friend) then I should like my children to have what he wanted them to have.
Thankyou from me :o)

[themas]

Once probate has been granted you can get a copy of the will from the Probate registry. When you have you will see whether your children were left anything. If they were, the executor(s) had a duty to abide by the wishes expressed in the will. Failure to do so can make them liable to penalties. If you need to, ring the probate registry to ask for advice about this.

[caron musson]

Thankyou for your answer :o)
I am not sure about the probate if I am thinking rightly or not?
I understand that the will has to be given probate, but also that the executor has as much time as they please to ask for probate?
So if a person wished a will was unseen, they could put off probate until the day themselves died?
Is that right? thankyou for your help x

[woofgang]

They also cannot use or dispose of the estate mentioned in the will. If they do then that is fraud. Can I ask who informed you of the legacy and his wife's comment?
A thought that I have just had is that she might find it impossible to pay the legacy because there is in fact not enough estate to pay it from?

[Buenchico]

A search fee of £6 will ensure that you receive a copy of the grant of probate (which includes a copy of the will) if probate has already been granted or as soon as it is granted during the next 4 years. (If you want the search to remain in place for a longer period there's a further charge of £4 per 4 year period).

You simply need to fill in this form and post it (with a cheque or postal order) to the address shown:
http://hmctsformfinde...r/forms/pa1s_0405.pdf

Assuming that the assets of the deceased person were held in a bank or, for example, as shares, the executor won't be able to access them without a grant of probate. (If the deceased person kept all their money under the mattress the executor still can't lawfully distribute the estate without probate but it's obviously easier for them to do so).

However if the assets of the deceased person were less than £5000, probate is not usually required (although banks, etc, may still insist upon it anyway before releasing the assets).

Chris

[tonywiltshire]

As has been said probate is not required if the estate is valued below £5K though some institutions will demand grant of probate before they will release funds, the executor or executors if there are more than one, are charged with disposing of the estate according to the testators wishes.

Assuming they need to obtain probate and delay the matter they would be unable to dispose of the estate until it was granted.