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Question regarding my familys wills

ProfilePosted byOptionsPost Date

Talie

Talie Report 12 Nov 2009 21:32

Good evening :)
I have 2 questions that have been playing on my mind for a while now.

Heres my first question. My great nan married 3 times, she had my nan from her first marriage, her step brother from her second, and then she married again and had no kids from this family.
My nan and great nan hadn't spoke for.. perhaps 20 years, and it was only after my great nan died my nans step brother found out about her and came looking for her. He said that their mum left them nothing in the will, and left it all to 'strangers', however from small talk I believe he was lieing about the will and my nans name was mentioned on the will and that was how he was able to find her. How can I find out what REALLY happened with this will?

This is my 2nd question. My nans auntie and uncle left their house some-what to their son, it was his to live in for as long as he wanted however not to sell. Apparently it was stated that if anything were to happen to him it would go straight to my nan. Their son was mentally unstable, it was only months after his parents death he was actually released from a mental hospital, hence why if something were to "happen" to him it should of gone straight to my nan. I've been told though that somewhere inbetween he was released and his death, he was befriended by someone who managed to take him for everything he had, including the house. Is there anything now that can be done about this? or at least is there any sort of paperwork that can still be viewed?

I'd really appreciate some help and tips with this.

AllanC

AllanC Report 12 Nov 2009 21:41

I don't think this is really a genealogy question, but as you've asked...

The first thing that comes to mind is how long ago was this? If it was a long tim ago there probably anything that can be done.

Secondly, if anything can be done you need some proper legal advice. You can get an initial consultation with a solicitor quite reasonably (look for the logo of two people sitting at a table) without any obligation to take things further.

Talie

Talie Report 12 Nov 2009 21:44

Thanks for that bit of information.

How can I find who was the executor? My nans brother denies any knowledge of what was on the will as he says everything got left to "strangers" who he never met. My great nans death has been recorded online, so it is possible for me to obtain a copy of her death certificate. This is all very new stuff to me, so I have no idea what i'm doing to be completely honest..


Edit:
Sorry about this not really being a genelogy question, I was hoping there might be someone on here that might of delt with the same sort of thing. With my great nan, she died in 2005. And about the lose of the house, that was in roughly 1985.

KathleenBell

KathleenBell Report 12 Nov 2009 22:42

There are addresses here where you can find out information about getting a copy of a will:-

http://www.lawontheweb.co.uk/basics/probateoffices.htm

Kath. x

Madmeg

Madmeg Report 13 Nov 2009 01:26

What period are you talking of? Nowadays a will is a public document, and anyone can get access to it. Someone surely will tell us the date at which that became law. So, for example, you can all view my mum's will, she died in November 2008 and you will find that she left everything to me. It seems odd that you are entitled to know that, but not where she lived in 1921, 1931, 1941 etc. Daft eh?

Margaret

InspectorGreenPen

InspectorGreenPen Report 13 Nov 2009 07:14

Your original post appears to be founded on hearsay, smalltalk and anecdotal evidence from various people.

Did the wills ever exist in the first place and has anyone ever seen them? Were they valid? If someone re-marries, all previous wills are revoked, very pertinent to your first question as only a will made after the last marriage could ever be legal at the time of death.

If there were no valid wills then the laws of intestacy apply as to who gets what.

In the second question you mention a house. A house can not be sold without the consent of the owner. If the owner is deceased then its disposal is subject to the laws of probate. It isn't possible to 'take someone for what they have' - loose cash perhaps, but not a house.

Again what period are we talking about? If the property was sold relatively recently there will be details at the Land Registry.

As Margaret says you really need to check for Probate or Letters of Administration and obtain copies of the wills, assuming there were any, to find out what really happened.