Legal Stuff - Will ...
 

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[Closed] Legal Stuff - Will Reading - Rights and/or obligations

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Topic starter
 

I'll try and keep this short and relevant

My sister in law died about 18 months ago. She left behind her husband and daughter (husband is not the father, no adoption taken place either)

SIL and husband had a few rental properties, couple of flats and houses, mortgage free/paid off

Daughter rents one of the houses

Daughter was always told, by SIL,  that she would inherit the house in the event of SIL's death, as soon as she (daughter) got her divorce finalised. This happened last November.

Husband is now saying it'll cost £10k to change the house ownership to daughter - from what I've researched you can DIY for minimal fees, and a solicitor will charge around £300

Daughter has never seen the will, when asked, husband replied with "What do you want to see that for"

So, first things first. Where does the daughter stand, with her rights (if any) to see a copy of the will. If husband refuses any more, how can she force him to produce it.

Thanks


 
Posted : 24/04/2020 5:08 pm
 Chew
Posts: 1312
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IANAL, but this will be worth a read

https://www.co-oplegalservices.co.uk/media-centre/articles-may-aug-2018/who-is-entitled-to-read-a-will-after-death/

If she is named on the Will she is entitled to see it, and if it has gone through probate (should have done so after 18 months) then anyone can request a copy.

The cost of transferring the titles of the property should be paid for from the proceeds of the estate. Probably more than £300, but certainly less than £10k


 
Posted : 24/04/2020 5:30 pm
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Presumably to check if what is in the will is what the daughter believes she was told?

My understanding is that wills are public after probate, but IANAL


 
Posted : 24/04/2020 5:32 pm
 Chew
Posts: 1312
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Again, assuming its in England or Wales you can get a copy here:
https://www.gov.uk/search-will-probate


 
Posted : 24/04/2020 5:37 pm
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What Chew said +1 - I was surprised to learn that you basically have no rights to view a will until probate has been granted - a friend of mines dad died over a year ago and probate still hasn't been granted and he's still not seen the will - probably quite complicated will


 
Posted : 24/04/2020 6:22 pm
Posts: 923
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Topic starter
 

Presumably to check if what is in the will is what the daughter believes she was told?

Yes, he seems a bit "guarded", I think is the best way to put it

@Chew - Thanks for the links, it seems the will has gone through probate. I am now waiting for a password reminder from Gov.uk, so I can pay the princely sum of £1.50, and we can get a copy

Cheers all 👍


 
Posted : 24/04/2020 6:35 pm

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