09.11.16

Question:

My Grandma promised me something in her Will but my Aunt won’t tell me anything, what can I do?

Answer:

A Will is a confidential document, however, when the person who made the Will dies, the Will may become a public document if an application is made for a Grant of Probate to the estate, often called “Probate”.

The executor

Firstly, ask your Aunt if she is named as an executor in your Grandma’s Will.  An executor is a person named in a Will who is responsible for making sure the terms of the Will are carried out, including paying money or passing on ownership of items to the people named in the Will. If your Aunt is an executor, you can ask her for a copy of the Will but she does not have to give you a copy.

If you know that your Grandma used a particular legal firm, you can ask them if they have her Will; however, they do not have to give you any information about the Will even if you are named as a beneficiary, without the permission of the executor named in the Will.

Obtaining a copy

If your Aunt won’t give you a copy of the Will, or she tells you that she is not an executor, you can find out if a Grant of Probate has been issued to your Grandma’s estate by checking the Government website (httpss://www.gov.uk/search-will-probate). You will need some information about your Grandma to use the search tool on the website, such as your Grandma’s full name, the address where she lived and the date that she died. A search will show if a Grant of Probate has been issued and, if so, you can order a copy of the Grant and the Will for a £10 fee.

Once you see the Will, it should be clear who is the executor and whether your Grandma remembered you in her Will. If you are mentioned in the Will ask the executor how much you will receive and when it might be paid to you.

Current statistics show that only 30% of people make a Will. The website search might disclose that a Grant of Letters of Administration had been issued; this is what happens if the person died without a Will; known as intestacy. When this happens, rules contained in Acts of Parliament and Regulations set out how the estate should be distributed. To find out more about the intestacy rules please click here.

A partial intestacy can happen when a Will does not deal with all the estate of the person who has died. For example: a person makes a Will leaving all their cash to Uncle Tom, but says nothing about the rest of their assets. So long as the Will is valid, the cash will go to Uncle Tom, but anything else, such as a house, will be covered by the intestacy rules and will pass to the closest surviving family members.

Please note these comments apply to England and Wales. The law and procedures in Scotland and Northern Ireland are different.

If you would like to discuss your specific situation with us, please do not hesitate to contact us.