Do not know if Will exists - senile uncle

[Laura]

My elderly uncle (no spouse, no children) has always said that following his death he wishes his estate to go to my brother (his nephew). My uncle has said this for as long as I can remember.

He is now very senile and not in a sound state of mind so it is difficult to get confirmation from him that he has stated these intentions in his will or indeed that a will exists.

We are aware of who my uncle engaged as solicitors for previous business during his lifetime.

Is it legally possible to query these solicitors on the following :
(1) Has he made a will
(2) If the intentions he has always verbalised are actually specified in the will

The concern is that there is no will and that the estate would get divided thereby his actual intentions not being followed through.

 

[dave28]

If there is a will it will be executed in due course.
If there is no will, your uncle is not in a fit state of health now , then he cannot make a will now - he would have to be medically certified.
I guess the only thing to do is wait and see ........

 

[Vanilla]

Is it legally possible to query these solicitors on the following :
(1) Has he made a will
(2) If the intentions he has always verbalised are actually specified in the will

The concern is that there is no will and that the estate would get divided thereby his actual intentions not being followed through.

A fairly common query solicitors receive. Certainly you can ask, but while your uncle is alive his solicitors cannot disclose his private business under any circumstances. As dave28 said, either he has made one or he hasn't and finding out whether it is done or not now will not change anything. If he hasn't made a will and all the family agree they can enter into a deed of family arrangement and gift their share to your brother. Alternatively if your brother has a legitimate expectation to recieve part of the estate and perhaps has relied on that ( legal advice on his particular circumstances would be necessary) then he might have a legal entitlement regardless of whether there is a will or not.