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What happens when a will is lost? | Brodies LLP
Our experts discuss the application made to a court when a deceased's will is lost but a copy of it is available.brodies.com
House advice
- Thread starter Ineedhelp
- Start date
It is like living with your worst nig
I am trying to positive, because I have got my niece too look after. I am just trying to take one day at a time. I have got a meeting via teams with work on Thursday. It is a paper exercise, but as I mentioned before my boss has no confidence in me and wants to get me fired despite all the **** I have to endure out side work.
I feel nothing but contempt and anger with the terrible twins. The older TT has lost the plot, she started reading my emails last week when my laptop with open. The younger one is fat PHD and a nurse, told my mum that the monster had dementia and did nothing about it. She told me last Thursday that I could help them tidy the house up and help with paperwork. They have appointment themselves as executors through the courts. My answer was very diplomatic, but I said no. Fatty then asked, if I had seen mum's cross but I said no
The two of them lied in court in 2019 saying that they hadn't taken the monster into the bank to transfer money of my parent's joint account. He had no capacity at the time, my brother told me at the time but refused to go to the police. I have got text messages that show that they did do this.
It is like living in a waking nightmare, if my older brother had been alive. I wouldn't have felt so alone. He died in 2021 with a brain gilblastphmoia. He last dying wish was that TT twins were barred from the funeral.
I am trying to positive, because I have got my niece too look after. I am just trying to take one day at a time. I have got a meeting via teams with work on Thursday. It is a paper exercise, but as I mentioned before my boss has no confidence in me and wants to get me fired despite all the **** I have to endure out side work.
I feel nothing but contempt and anger with the terrible twins. The older TT has lost the plot, she started reading my emails last week when my laptop with open. The younger one is fat PHD and a nurse, told my mum that the monster had dementia and did nothing about it. She told me last Thursday that I could help them tidy the house up and help with paperwork. They have appointment themselves as executors through the courts. My answer was very diplomatic, but I said no. Fatty then asked, if I had seen mum's cross but I said no
The two of them lied in court in 2019 saying that they hadn't taken the monster into the bank to transfer money of my parent's joint account. He had no capacity at the time, my brother told me at the time but refused to go to the police. I have got text messages that show that they did do this.
It tells you what to do when a will is lost, specifically inScotland.
If that will cannot be found, the rules of intestacy will apply.
presumably your fathers will has already been executed?
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Good morning @Ineedhelp,
Good luck tomorrow and I regarded my work as a release from all the stress because it allowed me to focus on something else.
MaNaAk
Good luck tomorrow and I regarded my work as a release from all the stress because it allowed me to focus on something else.
MaNaAk
There was a will, but it has not been found. The TT's are applying to court for confirmation
No one can prove what was in it then.
you are stuck.
It will be a straight equal split between you and your siblings then. If your late brother had children, they get his share.
Scroll down the page of the website linked in Blue below, the orange box question applies to your late mum (not you).
I presume she was legally divorced, but in any case, he pre dec'd her, so the first answer is NO, she wasnt in a marriage or civil partnership ( At least I assume she didnt have a partner)
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Hi,
Just want to make you aware TT twins turned up unannounced to clean up and measure for repairs which they never done. Older idiot told me that she never harrassed me. I went out to meet my niece cause I knew if I didn't I would probably get arrested.
I came back to the laundry bin gone, my tolietries thrown out, bed linen and toliet supplies taken kitchen roll and toliet rolls.
Any suggestions ?
Unless you late father made different provision for his half of the house in his will.
have you seen his will?
very much will hinge on which of them actually died first
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No. They were married he was in a care for the last four year and I stayed with my mum.
Hi,
Having read this thread, there is not enough information to give advice. A family tree would help, with dates of deaths, divorce, if applicable, or other relevant matters
However, there can't be such a thing as a "joint Will".
A Will is a document that only applies when the person who made the Will dies (called the testator). Two related people (including for this purpose a husband and wife) cannot die at the same instant and that is why there can't be a joint will. If two connected people die together, then you take evidence as to who died first, and then deal with the two estates in that order. If there is no evidence as to who died first, then the law assumes the elder of the two died first, and you deal with the estates in that order.
Spouses can make "mutual Wills" but that is v rare (because with mutual Wills, the survivor cannot change his or her Will). What is usual is that spouses make similar Wills in reverse with same provisions, but in such a case, the survivor can change his or her Will.
It is vital to know whether your mum and your dad were married at the time of the death of the first of them. If they were divorced a different position would arise.
It is vital to know whether the first of them to die had a Will at the time of death (as a Will can be revoked by the Will maker whilst he/she is alive).
If the Will cannot be found you need to do some research. Was Will made by a Solicitor. Does Solicitor have old file to show a copy of the Will, and whether it applied on death - that is, it wasn't revoked.
To apply to the Court to declare the terms of a Will without an original Will requires quite a lot of evidence to show (i) Will wasn't revoked (which would be the first assumption why Will can't be found) (ii) what it's terms were (eg a copy) etc. If not enough evidence for Court, then the estate would be administered under the rules of intestacy,
Good evening,
In our case mum didn't leave a will so everything went to dad. Dad made a will and his estate was to be shared between myself and my invisibles. He kept a copy of the will and the original was the solicitors but things maybe different in Scotland.
MaNaAk
In our case mum didn't leave a will so everything went to dad. Dad made a will and his estate was to be shared between myself and my invisibles. He kept a copy of the will and the original was the solicitors but things maybe different in Scotland.
MaNaAk
Mum and Dad were living separtely. Mum was with me and the monster was in a care home. She died first then he died 14 days in a care home.
I think I see what you mean so it's the same as dad leaving his estate house and money to myself and my brothers.
MaNaAk
