# my mums will



## snaggedlady (5 Sep 2011)

My Mum died a month a go i think she made my brother executor of the will but me and my children have not yet seen her will? what time scale should we be looking at to see the will?


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## robbie00 (5 Sep 2011)

Thats very soon after to be wondering about the will. You mighten be even left anything in the will so he might not need to provide you with any information.

He will have alot of things to be dealing with in regards to finding out the total value of the estate etc and then he will need the total amounts owed. 

Legally if you are entitled to anything in the will you will be made aware of it but give him a break its only a month since your mother passed away he has to get over that then get down to the fact he has to look after the will/probate which is stressful in itself.


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## mf1 (5 Sep 2011)

You should talk to your brother. 

Is there a will? Is he the executor? What are the terms of the will? What is the extent of the estate? 

Is it possible that you are not a beneficiary? If you are not a beneficiary, you are not entitled to see the will. Unless there are good reasons for not letting you see the will, I would have thought it would be perfectly normal to show you what was in it. 

We see a lot of posts like this on AAM. It generally points to issues where families do not talk to each other about  important things. 

mf


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## hastalavista (5 Sep 2011)

The legal position is that the executor has what is called the executor year to deal with the will.

Therefore he has a year to get on with the business.

The first step is to get a death cert issued: this will require medical paperwork to issue.

The will, in due course, will be lodged in the Registry of wills and will be a public document.

Speaking from personal experience, you may well have been left nothing by your late mother: I fell out with mine and I was left nothing, all her assets were transferred to the other members of the family 4 years before she died so I had no redress, even if I wanted one.

Asset transfers up to 2 year before death can be challenged.

You need to be brutally honest with yourself here re your relationship with your late mother. Maybe she left you nothing. It happens.

If a valid will has been made validly  you have no legal right to anything.

You can  lodge a caveat against the estate which is valid for 6 months if you want to be contacted by the probate office before they grant probate.

The  outline text of the caveat is  available on-line and the stamp duty costs 11 euro. If using a lawyer the cost of lodging the caveat should not be much

It expires after 6 months so you may need to do it twice, or more.

before considering such a move you need to have a guess at the value of the estate at the time of death because if you engage in legal wrangles the estate pays the bills of any legal work defending your claims and reduces what left.


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## McD1978 (5 Sep 2011)

Sorry to hear about your mothers passing.
As the others have said already, there is quite a lot of paperwork involved in being an executer of a will.  Leave it with your brother for three/four months and if he hasn't spoken to you about the will, perhaps approach him at that point.  One month after your mothers passing is too soon.


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## Bronte (5 Sep 2011)

Would it not be far easier to ask your brother what is the situation, or asking your mother's solicitor.


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## snaggedlady (5 Sep 2011)

ok i looked after my mum when we found out she was dying of cancer my brother took my mum and placed her in a home near him , he left me and my brother equal shaeres as far as i know with some going to the grandchildren!


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## snaggedlady (5 Sep 2011)

me and my bothers relationship isnt if you get me i have tried ringing and texting him and get no reply! i have a feeling he might of got my mum to change her will and thats why i want to see it so i can contest if if needed!


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## hastalavista (5 Sep 2011)

snaggedlady said:


> me and my bothers relationship isnt if you get me i have tried ringing and texting him and get no reply! i have a feeling he might of got my mum to change her will and thats why i want to see it so i can contest if if needed!



Lodge the caveat.
Then let him know you have done so. I will pm u an outline text

What happened the family home when she got moved to the home?
see here
[broken link removed]


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## Bronte (6 Sep 2011)

snaggedlady said:


> ok i looked after my mum when we found out she was dying of cancer my brother took my mum and placed her in a home near him , he left me and my brother equal shaeres as far as i know with some going to the grandchildren!


 
Are your two brothers on speaking terms?

What do you mean 'he' left equal shares, you mean your mother?

Do you know your mother's solicitor?


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## hastalavista (6 Sep 2011)

Bronte said:


> Are your two brothers on speaking terms?
> 
> What do you mean 'he' left equal shares, you mean your mother?
> 
> Do you know your mother's solicitor?



My read is that there are 2 children:

the OP, (who has nippers: the deceased grandchildren) and the brother.

Given the " have a feeling he might of got my mum to change her will " line of thought I would advise OP to get a caveat lodged and get her own legal advice.

This is the only way she can be sure of seeing sight of the will before its too late.


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## snaggedlady (6 Sep 2011)

ok things moved on today finally got hold of my brother he said mum asked for a solictor which he organised and she did change her will he isnt the exec, just spoke to the solicitor and he said he is the exec and is just closing down all her banks etc and will be in contact soon,what worries me is why mum changed her will but ive decided to wait till i hear from solicitor and ive needed contest the will after i have seen it!


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## hastalavista (7 Sep 2011)

snaggedlady said:


> ok things moved on today finally got hold of my brother he said mum asked for a solictor which he organised and she did change her will he isnt the exec, just spoke to the solicitor and he said he is the exec and is just closing down all her banks etc and will be in contact soon,what worries me is why mum changed her will but ive decided to wait till i hear from solicitor and ive needed contest the will after i have seen it!



This is really really  scary stuff.

Sole executor a solicitor who drew up the will.

An executor can, at his discretion, dispose of the assets of the estate before the grant of probate.

What that means in plain english is that the estate could be stripped before you get sight of the will.

You need to lodge the caveat, [ which wont help if the estate is stripped as the assets will be gone] and ask the solicitor  if you are a beneficiary of the will- get this in writing-. You are entitled to that info, you have no legal right to see the will before probate is granted


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