6 Comments Wills, probate, letters of administration, powers of attorney
The original of the will is the only valid will, I do not believe that if his solicitor was storing the will it has become lost, have you asked the solicitor?
As a child of the deceased you are entitled to a copy of the will.
The executor is not entitled to treat the estate as their own property, they have the job of collecting all assets, paying all bills, submitting the estate to probate, if the law requires an estate of this size to be subjected to probate.
If no valid will can be found, someone has to apply for a grant of administration and take on the executors duties.
If the will cannot be found the laws of intestacy will apply, and if your father did not have spouse at the time of his death, all of his children including your deceased brother, who was alive at the time of his death, will be entitled to equal shares of the estate.
Your late brothers share will pass to his children.
See your own solicitor for advice and to help put a stop to your sisters excesses. Your solicitor may even assist you to apply for the grant of administration if the original will cannot be found.
Is it true that while the Law states. "You must supply the Will" there is no penalty for not doing so?
If so beware.
Also be very aware of the 12 months limitation as it is pretty firm. In our case the Executor, brother no less, 'delayed' our case with lies about Probate and anything and THOUGHT he got away with our money.
Injunctions, I got GREAT legal advice where I was told if you can prove FRAUDULENT dealings then you can take out an injunction!!
As we are as we have plenty of proof of fraud.
AS seems to be the case for most cases of deceit and a BIG hammer in Court.