Father dead almost 10 years - should I have seen Will by now?

P

Petrolhead84

Registered User
Messages
30
My father died almost 10 years ago.

A family member acts as solicitor for my mother and I. Every time I request the Will I am being put off. To date, I have never seen the Will of my father and I am wondering if this is normal?:confused:
 
Well, no its not normal!

But then, as an outside observer, I would be wondering about the family dynamics that allow a situation to linger for 10 years with no-one actually coming out and saying - lads, whats the story?

It may be that the entire estate went to your mother - but if so, why does she not just say so?

By all means persist in asking , but if everything was in joint names, there may not be a will or a need for Probate but if that is the case, why does your mother not just say so?

mf
 
If the will has been processed, it should be available from the Probate office, so maybe you can just bypass the family members.
 
mf1 said:
Well, no its not normal!

But then, as an outside observer, I would be wondering about the family dynamics that allow a situation to linger for 10 years with no-one actually coming out and saying - lads, whats the story?
Click to expand...

I have asked many times over the years. I was 18 at the time of his death and every time I asked the Solicitor (family member), they just told me to concentrate on my studies etc.

I have now written two letters formally requesting a copy of the Will and the Solicitor is doing everything but send it to me.
 
Better idea would be to get a different solicitor (preferably one with a bit of beef) to represent you and ask the questions. Because it really is a bit smelly that you are now 28 and not have had normal family and possible beneficiary questions answered.
 
I am not saying that there was anything 'dodgy' per se but if I am owed something I'd like to know! (I know that sounds bad but I hate thinking I may be being messed around).

There might be nothing in it. As mentioned above, everything may have automatically passed to my Mother in the Will, but nevertheless I don't see why my Solicitor is refusing to give me sight of the Will. A little suspicious, don't you think? Or am I being paranoid?
 
I think you and your mother need to have a heart to heart talk. Because if she does not know God only known what kind of sculduggery might have gone on.
 
Hi,
You will not rest easy one way or the other till you know what it is all about. Check in the probate office if the will has been processed or not, this way you will then be able to see it for yourself and more to the point if it has not been done which I suspect you are thinking you will be able to clarify the situation for your mum too. It is very confusing for many people when death and wills are involved and no one likes to seem to pushy, but I do believe it should all be very clear for all involved and seen as a natural process. If you are not happy remember you are adult enough now to assist your mum in ensuring that you and she both have made wills yourselves and hopefully not with this dodgy guy. Good luck with it but dont let it destroy you. Perhaps your mum wasnt even aware of what was in the will herself or where papers were etc so dont be too hard on her. All the more reason for checking that everything is now in order and if not report the solicitor to the law library. Good luck hon.
 
You have been advised to check in the Probate Office. After ten years if the will has been processed it should be filed in the National Archives Bishop St Dublin.
That will answer your queries.
 
You can only view a probated will if you were included in it in some way or another
 
max said:
You can only view a probated will if you were included in it in some way or another
Click to expand...

This is Pure and Utter Rubbish.

Max, don't bother posting if you do not know the full truth and mislead persons.

Fact is any will that has passed through Probate becomes a Public Document. OP for your own sanity reply on the facts and not pure crap from persons that do not know.
 
mercman said:
This is Pure and Utter Rubbish.

Max, don't bother posting if you do not know the full truth and mislead persons.

Fact is any will that has passed through Probate becomes a Public Document. OP for your own sanity reply on the facts and not pure crap from persons that do not know.
Click to expand...

Agreed.

I have personally gone to the Probate Office to seek a copy of a will of a family member, where I was not a beneficiary. The staff are very helpful and provided you have the right name, address and date of death of the deceased, will be able to get you a copy of any will lodged with them.
 
This is potentially a very serious issue, if probate has not been taken out and your fathers estate dealt with properly then you could face some difficult issues once your own mother passes away. The issue is that you don't know.

As other posters have mentioned, contact the Probate Office immediately. I'd also be inclined to give the solicitor a scare. Ask him if the will exists and if so, tell him you will be in his office at 9am on Friday morning to see it, otherwise you'll be filing a complaint with the Law Society as you belief he is in breech of the Solicitors (Amendement) Act 1994, Section 8
[broken link removed]

Don't ever be intimidated or take any garbage from a lawyer, family member or no family member. Something smells fishy with all of this and if he has nothing to hide, then he'll hand it over to you
 
If no grant of probate was taken out or required then the will may have been shredded by now.

If there were no assets and no will then there would be nothing to be done and no will or records might exist.

A title search on your Mother's house might help you.

Having left this 10 years you may well be out of time for kicking up a fuss.

Do you have reason to think that your father had assets that went to somebody other than your mother?
 
Neg Covenant said:
Do you have reason to think that your father had assets that went to somebody other than your mother?
Click to expand...

No.

That is not what I am worried about.

What I am worried about is the possibility that he may have left me things in the Will that I have not yet received. I have received absolutely nothing.

I am not saying my Father was loaded, but he did have substantial monetary wealth as well as various properties both here and abroad, and I am sure he would have left me something in the Will, albeit a small token gesture, perhaps.

My issue with this is that I have never seen the Will, and having requested it several times orally and in writing, still have not had sight of it.
 
How about making a formal appointment at the office where this solicitor works, and go in and ask them face to face.
 
mercman said:
This is Pure and Utter Rubbish.

Max, don't bother posting if you do not know the full truth and mislead persons.

Fact is any will that has passed through Probate becomes a Public Document. OP for your own sanity reply on the facts and not pure crap from persons that do not know.
Click to expand...

In fact you're wrong. Probate practice has changed recently and now the probate office will only give certain documents to beneficiaries or executors.
 
You must log in or register to reply here.
Back
Top