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viewing a will

  • 19-11-2008 2:17pm
    #1
    cosaB
    Closed Accounts Posts: 2 ✭


    Hi just wondering if someone could help me with this? My grandfather died 18 years ago and his will never went to probate. My grandmother is still alive but has not seen the will. My mothers brother claimed he was to be the sole benificiary of the will upon my grandmothers death. I am just wondering who is entitled to see this will, and why would it not have gone to probate?
    Thanks


Comments

  • #2
    Hennybug
    Registered Users, Registered Users 2 Posts: 492 ✭✭Hennybug


    Does your Grandmother know the Solicitor your Grandfather would have used? if so she can get in touch to see what the story is. The only person entitled to see a Will at the outset is the Executor, any beneficiary is only entitled to see the section relating to them after the Executor has started the process of probate.

    Until a Will goes through probate it's not a public document and can only be viewed by the Executor. Unless an executor contacts the Solicitor involved nothing will happen, the Will will just sit in some Solicitors safe.


  • #3
    cosaB
    Closed Accounts Posts: 2 ✭cosaB


    Thanks,
    We know the solicitor involved but my grandmother does not know who the executor is. Would the solicitor be able to tell us this and can an executor be replaced if they fail in their obligation to sort out the will?


  • #4
    Wantobe
    Closed Accounts Posts: 554 ✭✭✭Wantobe


    Only the executor has a right to see the entire will. A beneficiary can see or be told of the part applicable to them.

    However your grandmother has a right to a legal right share of her husbands estate which she should have received an official notification of from the executor even if she was not a beneficiary.

    She should get independent legal advice.


  • #5
    Gangu
    Registered Users, Registered Users 2 Posts: 416 ✭✭Gangu


    Wantobe wrote: »
    Only the executor has a right to see the entire will. A beneficiary can see or be told of the part applicable to them.

    However your grandmother has a right to a legal right share of her husbands estate which she should have received an official notification of from the executor even if she was not a beneficiary.

    She should get independent legal advice.

    She has the right to know who the executor is, and to confirm that they have the will. She should immediately seek legal advice. If you are a beneficiary in anyway, so should you and you may have rights even if you are not mentioned in the will.


  • #6
    Wantobe
    Closed Accounts Posts: 554 ✭✭✭Wantobe


    Gangu wrote: »
    She has the right to know who the executor is, and to confirm that they have the will.

    Really? Do you have reference for this right?


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