Probate Search

[Diyisfun]

Does anyone know a legal forum? OR can answer this.
I received notification from an 'Heir Hunter', that my siblings & I are to be beneficiaries from Aunt as she died intestate.
A solicitor was appointed, I received a letter from the solicitor in July 2020, stating that things were progressing & settlement should be soon. I wrote the the solicitor in September to ascertain the state of play, to which I received a letter saying that a will had been found and I was would now not be inheriting, I informed my brothers & sisters (they do not live in the UK).
We are not particularly concerned that we are not inheriting but would like to know who is.

I have done a 'Grant Of Probate' search online at www.gov.uk. There is no record yet.
What I want to know is how long should it take for the record to be made public.
Thanks for reading.

 

[Trazor]

I would think the solicitor concerned, should provide you with more than just a brush off.

Will he not supply a copy of the will ?

 

[JohnD]

It can sometimes take a year or so, particularly if the papers are muddled or the person doing the job is not efficient or dedicated.

If the deceased person owned a house, you can look up the ownership on
https://www.gov.uk/search-property-information-land-registry

(only use the .gov.uk site, all the others are scammers)

It's unlikely it can have been sold or ownership transferred without probate

If the estate was very small, probate need not be applied for. I have little experience of this, but I believe it tends to apply if the deceased did not own a home and did not have much savings or investments, and especially if there is not enough to pay a solicitor.

I know of a local case where a prosperous person had fallen out with her family and left everything to various charities, seemingly out of spite.

If the solicitor has been named as Executor, there is nobody who is their "client" and can tell them what to do. incidentally, this is why I think it is best to name somebody else as Executor, and let them employ a solicitor if they want. They then have the power to "sack" him and get a better one if incompetent. A cynical person would say that solicitors like to be named as executors because they can then be as slow as they like and charge whatever they want.

 

[Diyisfun]

I would think the solicitor concerned, should provide you with more than just a brush off.

Will he not supply a copy of the will ?

Now I'm not a beneficiary he is NOT my solicitor.

 

[Diyisfun]

It can sometimes take a year or so, particularly if the papers are muddled or the person doing the job is not efficient or dedicated.

If the deceased person owned a house, you can look up the ownership on
https://www.gov.uk/search-property-information-land-registry

(only use the .gov.uk site, all the others are scammers)

It's unlikely it can have been sold or ownership transferred without probate

If the estate was very small, probate need not be applied for. I have little experience of this, but I believe it tends to apply if the deceased did not own a home and did not have much savings or investments, and especially if there is not enough to pay a solicitor.

I know of a local case where a prosperous person had fallen out with her family and left everything to various charities, seemingly out of spite.

If the solicitor has been named as Executor, there is nobody who is their "client" and can tell them what to do. incidentally, this is why I think it is best to name somebody else as Executor, and let them employ a solicitor if they want. They then have the power to "sack" him and get a better one if incompetent. A cynical person would say that solicitors like to be named as executors because they can then be as slow as they like and charge whatever they want.

The property was sold before her death on order of the courts as she was taken into care.
We only found about the death because of the Heir Hunter as she died intestate. She had dementia & broke all ties with the family.

 

[JohnD]

perhaps the heir Hunter is working on the original "intestate" information and is not aware that a will was later found. I wonder where?

I once dealt with a estate where the solicitor had lost some papers by filing them under the previous name of a woman who had remarried. They tried to blame me and said I had collected them (but without having made an apointment and without having signed for them). This was a complete fabrication. They later found the papers in their fire safe.

 

[ReganAndCarter]

I have done a 'Grant Of Probate' search online at www.gov.uk. There is no record yet.
What I want to know is how long should it take for the record to be made public.
Thanks for reading.

I administered an intestate estate end of last year. If I remember correctly it wasn't long before the letters of administration (probate) appeared on the gov.uk website after being granted. Was less then a month, but that was before coronavirus. But to get to the stage where the grant is ready to be applied for is anyone's guess. Depends on the diligence of the solicitor or whoever is applying.

 

[big-all]

if you have a claim on the estate you have three choices employ the heir hunters at there terms or negotiate another deal with them perhaps reducing there share by perhaps 25% now in general if you are time poor then negotiate the best deal you can and let them do the work
iff you are up for it with loads off time to spare and enjoy the hastle then do it yourself but only iff it high tens off thousands
when my dad died his estate was about 50% fully sorted and distributed within his life
but because it was notarized within a book rather than being discarded as record off debt and payment off his estate in the past was included so fees would include the say 10% charge on an amount already distributed

 

[Notch7]

The will system in this country is rubbish.

If somebody lodges a will with a bank or solicitor, its quite possible nobody knows of its existence.

My in laws had a comprehensive will set up and lodged with Nat West who list it.
Also they had an aunt who had her will sent to my in laws solicitors - the solicitors list it and said it never arrived.


The whole thing is rubbish.

At least these days a will can be registered with the national registry, but it costs money to search for a will.

That's found here
https://www.nationalwillregister.co.uk/willsearch/willsearch.aspx

 

[Diyisfun]

if you have a claim on the estate you have three choices employ the heir hunters at there terms or negotiate another deal with them perhaps reducing there share by perhaps 25% now in general if you are time poor then negotiate the best deal you can and let them do the work
iff you are up for it with loads off time to spare and enjoy the hastle then do it yourself but only iff it high tens off thousands
when my dad died his estate was about 50% fully sorted and distributed within his life
but because it was notarized within a book rather than being discarded as record off debt and payment off his estate in the past was included so fees would include the say 10% charge on an amount already distributed

As there is a genuine will, I dont have a claim, the heir hunter fee was agreed at 5%. I will email the Heir Hunter, he has lots money due to time spent.

 

[Diyisfun]

The will system in this country is rubbish.

If somebody lodges a will with a bank or solicitor, its quite possible nobody knows of its existence.

My in laws had a comprehensive will set up and lodged with Nat West who list it.
Also they had an aunt who had her will sent to my in laws solicitors - the solicitors list it and said it never arrived.


The whole thing is rubbish.

At least these days a will can be registered with the national registry, but it costs money to search for a will.

That's found here
https://www.nationalwillregister.co.uk/willsearch/willsearch.aspx

I assume that only works if the will was registered & not kept in a drawer etc.

 

[Notch7]

I assume that only works if the will was registered & not kept in a drawer etc.

Indeed.

Even if lodged with a solicitor it doesn't mean it's been registered.

 

[bernardgreen]

I will email the Heir Hunter, he has lots money due to time spent.

I wouldn't. I am sure they gamble on which estates are worth investigating and take a chance that they will be able to get a percentage of money that goes to the next of kin they locate. If their gamble on the estate doesn't pay out then they lose the money spent on the research they did.

 

[Harry Bloomfield]

Does anyone know a legal forum? OR can answer this.

The people in uk.legal.moderated are quite helpful and knowledgeable.

Probate application is the point when all of the deceased persons assets and liabilities have been assessed and the Will, if there is one, has been produced. Once Probate has been granted, the Will and assets become public knowledge, available for a few pounds. If probate has been granted it is easy to check, if the name, location and rough date is known.

I would expect Probate to be granted, long before the Heir Hunter types get there hands on on a case. They rely on the Probate and intestate lists for their leads, to follow up.

It seems odd if Probate has not been granted and published, for the HH to be delving in to it. Despite your not being entitled to a copy, I would be asking the HH for a copy of the Will - It would soon become public knowledge anyway, after Probate.

For reference - My own partner passed away in 2015. She had nominated two solicitors in her Will to act as Executors [1], which would have perhaps eaten up most of her assetts. It took me 5 months to get all of her affair sorted out and in order, I applied for Probate in mid November, Probate was granted in mid December and it was available to request a week or two later. Then the DWP wrote to me, telling me not to distribute the Estate until they had a look at what she might have not been entitled to claim prior to her death. The DWP then held things up for a further 7 months, eventually claiming back a couple hundred pounds in over payment.


[1] I spent several weeks researching ways to have the solicitors renounce their involvement as Executors. Eventually I found that the Law Society had brought out a new rule just the year before, suggesting that solicitors should be ready to renounce, if approached to renounce by someone willing and able to do the job in their stead and for free, if their is agreement from all benefactors. I simply put a suitable letter together, signed by all, nominating me as sole Executor. It then went before the judge for a small fee and released for me to deal with in its entirety.

Solicitors and banks etc. tend to like to write themselves into the Wills as Executors, for the high profit fees they can charge for the job.

 

[big-all]

mind and get about 6 copies off the death certificate and about 6 off your executors certificate as one is perhaps £10 but 6 is only £20 if aquired at the same time
often savings insurance policies ect will need one or both some only accepting the origional but some happy with the offical issued "copies"
i sent both to every savings insurance ect this saver the follow up letter asking for them
also worth sending both to any old savings or investment name on paperwork stating something like
"sir can you please check your records for any accounts held by big all senior [with any referance numbers or dates or other usefull information you have]
i have enclose both a death certificate and the executors certificate signed by all the executors "
get them all to sign the letter

you will get most or all back so can give them to family or freinds who would like a keepsake