Will not listed on Probate website
- Thread starter Shelby219
- Start date
Did it go to probate?
My father died 20+ years ago and had a will leaving everything to my mother.
Only when my mother died a couple of years ago did we realise that his never went to probate so that had to be done as part of my mother's probate - particularly because the family home had remained in his sole name all that time...
That and some other issues meant that the whole process took about a year and a half to get done.
If it did go to probate then could you contact the firm of solicitors who did it perhaps?
My father died 20+ years ago and had a will leaving everything to my mother.
Only when my mother died a couple of years ago did we realise that his never went to probate so that had to be done as part of my mother's probate - particularly because the family home had remained in his sole name all that time...
That and some other issues meant that the whole process took about a year and a half to get done.
If it did go to probate then could you contact the firm of solicitors who did it perhaps?
Not being personal about your particular case ClubMan. What would happen in a case like that when a father would have made a will and then died with the mother never taking out probate. She then makes a will and dies later on. The 2 wills left a sizeable estate to different people. Who gets what?Did it go to probate?
My father died 20+ years ago and had a will leaving everything to my mother.
Only when my mother died a couple of years ago did we realise that his never went to probate so that had to be done as part of my mother's probate - particularly because the family home had remained in his sole name all that time...
That and some other issues meant that the whole process took about a year and a half to get done.
If it did go to probate then could you contact the firm of solicitors who did it perhap
No worries.
Our case was simpler. Mother and father had wills leaving everything to each other. Even my father died my mother made a new will splitting everything equally between the children.
But if your dad had made a will leaving half to your mum and half to someone outside the family but no probate taken out, then your mum made a will as if she had everything anyway and she left everything equally to everyone in the family, would her will carry or would the fathers will be carried out therefore leaving some family members with zilch..
Thank you. I know of the 2 wills I mentioned where the third party didn't get anything, was never told about it. The fathers will never surfaced and mother divided everything equally among the children by agreement. It did happen. I'd well imagine thousands of similar and other types of stuff has happened also. Surely when a will is made it should be registered somewhere and not possible to be tampered with
So to untangle the question a bit.
John passes away leaving 50% to his spouse Jane and 50% to best friend Jack.
Lets say there was property at 50k value & cash at 50k; and lets ignore inflation / interest to make this easier.
For whatever reason Grant of Probate was not extracted & Jack therefore never received his inheritance when John died.
Jane then passes away and leaves her entire estate to daughter Joan.
It goes to probate - Jack is still entitled to his inheritance, so he gets 50% of property + 25k in cash.
Joan gets the remainder under her mother's will.
IANAL
Crossed with earlier post.
John passes away leaving 50% to his spouse Jane and 50% to best friend Jack.
Lets say there was property at 50k value & cash at 50k; and lets ignore inflation / interest to make this easier.
For whatever reason Grant of Probate was not extracted & Jack therefore never received his inheritance when John died.
Jane then passes away and leaves her entire estate to daughter Joan.
It goes to probate - Jack is still entitled to his inheritance, so he gets 50% of property + 25k in cash.
Joan gets the remainder under her mother's will.
IANAL
Crossed with earlier post.
But the will leaving an inheritance to Jack was never produced so by agreement Mum got everything. Ergo, she made a will dividing everything equally among her children. When Mum passed away the whole place was divided equally and no problems arose.
The solicitor was a very good family friend.
In that case noproblem it was treated as the father dying intestate which would mean 2/3 to the mother and 1/3 to the children. When the wife dies she can give her 2/3 to the children.
If there is a will and it is not produced, or destroyed in some way unless you can find the solicitor who drew up the will and get their copy I can’t see what else you can do. If a solicitor drew up a will the chances are they will keep either the original or a copy. The father would be rather daft to take all copies and keep them himself. If no will can be produced then you have to assume he died intestate.
If there is a will and it is not produced, or destroyed in some way unless you can find the solicitor who drew up the will and get their copy I can’t see what else you can do. If a solicitor drew up a will the chances are they will keep either the original or a copy. The father would be rather daft to take all copies and keep them himself. If no will can be produced then you have to assume he died intestate.
I think that this has diverged a lot from @Shelby219's original question? I've tried to help with my first reply. I'm not sure that other replies are that helpful?
So are we saying that if it's not listed on the website it never went to probate? The same firm of solicitors are handling my mother's will , she passed away 2 years ago but because of a dispute between siblings about hand written notes on the back of the will which we have now come to an agreement I believe the Will is only recently being sent to the probate office, will there now be an extra delay if our Father's Will did not go to probate and if so how long will this take, many thanks
essentially yes, assuming there was a will in the first place.
Do you know for sure that your father made a will?
Thanks. No, not trying to do anything about it at all. Just mentioning it as it shows solicitors can and will do things, ensuring the family get everything rather than some outsider getting anything. In this case that's what happened. Family were all in on it and the only loser was the person who never knew anything about it, never will either.
Anyway, sorry for upending the post a bit from what it started off asking, but thanks for your views on it.
None of this makes sense to me. Nor does it seem to have anything to do with the original post/query.
Des Pondent
Registered User
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Maybe probate was not needed when your father died.
My parents had all their assets in joint names, they had wills that left everything to the remaining parent.
When one died the solicitor advised probate was not necessary.
When the other died, probate was granted without any problems or delays.
That's exactly the situation that my mother-in-law found herself in last year. We availed of what I understand is called the small estates process which meant that there was no need for a grant of probate.
Family home was in both names, bank accounts were in both names, no other property. The only problem was a Post Office savings book in the deceased's name with €125 in it, which took ages to sort out!
(The M-I-L is still using the joint credit card account as - at the age of 90 - she's afraid that they won't give her a new one if she tells the bank that he's gone!)
hazelgreen
Registered User
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My parents had 50 punts in Irish Premium Bonds in both their names. Probate and death certs and forms to be filled out by executors and witnessed.... Payment came thru eventually after 14 mths. And the punts become 62.50 euro!