General Chat

well i want to be nosey now and want to no who this friend son was and what the will siad so please keep us up to date

shelly xx

Hi Shelly, yes, I know where you're coming from. I spoke to my Mum about it and she said that Dad could probably speak to them. I don't think it'll make much difference though, but anythings worth a go. I just can't understand the reasons why they won't let us see the file when it's already been said to me that it doesn't contain anything inappropriate for me to see. Very odd.

I can't get a solicitor, as I was made redundant and can't afford one, I think the only thing I can do is go to the CAB and see what they say.

What would be the position if you got a Solicitor to act on your behalf I wonder ? !

Helen i can understand that
how about if he rights a letter
sorry just trying to think of other way to make i easer for you to get the records

Hi Shelly

My Dad's 81yrs old, we don't want anything to stress him out. He suffered a stroke when his father died, so we don't really want a repeat in history.

Helen im thinking maybe it would be a diffrent story if your father was to ask for the records

i dont want this to sand rong but in there eyes your only the grandaughter


intresting to see how every think turns out please keep us up to date with it all and i wish you luck

shelly

Hi Chris

The solicitor did send me a photocopy of her photo on her passport with his leaving speech. His hands were tied by the executor.

Can't wait to get a copy of the will now, to find out who this person is!

Hi InspectorGreenPen

So maybe me asking why my father wasn't contacted when they found out he was her son, IS the main reason the communication has ground to a halt and I've been asked not to contact them again regarding this. :-/

Hi Joy

Yes, I know the solicitor's in an awkward position and I can understand where he's coming from. He did say that he didn't see why we couldn't see the files, as there wasn't anything inappropriate in it. But as you said, he's acting on behalf of this other person, who is related to one of my grandmother's friends.

Why on earth won't the executor let me see the file? It just doesn't make any sense at all, unless was a main beneficiary of the will. But surely everyone knows that you can get copies of wills.

The executor couldn't have been instructed by my grandmother to hold on to the files, as apparently she said that she didn't have any relatives. It's all very odd.

I'm not entirely certain, but I would think that as the solicitor would have been acting on behalf of the Executor, then it would be he that would need to agree to documentation being made available to other parties.

In terms of contesting wills, the main grounds are that the testator was not of sound mind at the time and did not fully understand what they were doing, and therefore the will was invalid, or that adequate provision was not made for a dependent such as a partner, spouse or child.

The solicitor is in an awkward position. A solicitor is used to do certain legal work for someone and keeps a file on the work for a certain number of years.. I am sorry to say that I do not think the solicitor would feel that you were entitled to have the file; it contains legal work undertaken for someone else.

It will be interesting to know what advice is given by the CAB.

Helen,

why not ask for photocopies? Seems strange if they knew your father existed unless of course they were instructed not to.

Helen,

why not ask for photocopies? Seems strange if they knew your father existed unless of course they were instructed not to.

Hi Chris

No, I've been in contact with the solicitor and he has said Vera's files are in his office, she died 1999. I have told him that I'm going to the CAB to find out if we're entitled to her files, being the only surviving relatives (she was my Dad's Mum). He said that he'd be surprised if the CAB say I am entitled as he doesn't think I am.

I think the reason they're being cagey is because they didn't inform my dad of his mother's death, personally.

You may have found by this time the contents have been shredded. When I became involved in family tree I wrote to family solicitors (since 1934) and asked for any papers relevant to OH's parents' wills. I was too late - think that was about 10 years after MIL died.

*why my father wasn't informed, not when, sorry, a bit tired :-)

I'm not sure Gwyn. I can only take what I'm told. She left the marital home, when my father was 9yrs old and made a new life, by the sounds of it.

The executor of the will said that he only found out she had a son when he was sorting through her stuff for the solicitor. I asked when my father wasn't informed when they realised she actually had a son, to which they haven't responded.

I can't contest the Will 12yrs after her death, so I can't see what the problem is. Her file is of no use to anyone else, and I could clear a space in his filing cabinet? :-)

If the Will went to probate, it will be in the public domain and you can view it.
The fact that someone other than family was executor, need not alter any bequests

Any documents in a solicitors office, form part of her estate and might not be so easy to see. .

There is a file on one of my relatives on a solicitor's shelf.

Do you think these were her wishes or do you suspect wrong doing?

Gwyn

Not this Will Lindsey*, it's 12yrs old. We just want her file and it's contents :-/

I'm sure the CAB will point you in the right direction, anyone related can contest a will.