Solicitor for my late father refusing to give details of his will

Carmanach

Registered User
Messages
3
I'm new here so I hope the admin will go easy on me if I make a mistake in posting this!

My father died last November. I did not know or not whether he had left a will or whether I was named in it. My parents were divorced and my mother and sister and me had not been on good terms with my father for many years. I phoned both of the solicitors he had engaged when alive. One of them told me that there was a will drawn up in 1997, she named the executors but told me she couldn't give me any more information, presumably because I'm not mentioned in the will. I wrote and telephoned the executors and they claimed to have no knowledge of any will or to being executors. This may or may not be untrue but I don't know.

I got my own solicitor to write to my father's last solicitor. There has been a lot of animosity with this guy over land which my father and mother were joint owners of under the divorce court order. Anyway, this guy wrote back saying vaguely that "a will is in existence", which could mean a second will is in existence, I presume. My solicitor wrote back to him asking for all relevant information. He has ignored me ever since. My solicitor claims that he's not obliged to tell me anything if I'm not named in the will. Is this true? Do I not have any right to see the will as my father's next of kin?

I have lodged a caveat with the probate office. Can I issue a citation to the solicitors or does that have to be sent to the executors? If I don't know or won't be told who they are or if a second will exists, what I can do? I was told that I could apply for letters of representation as if my father were intestate and that any challenger would then have to come out the woodwork and declare the will. Would I then get sight of the will? Any help or advice would be appreciated.
 
So Solicitor A has a will dated 1987. Did your solicitor write to this solicitor and tell them that Solicitor B also has a will? Did your solicitor inform Solicitor B that solicitor A has a 1987 will? How long ago did your solicitor write the last letter that you're waiting a response on ? I see no reason for a solicitor to not state that there is a will dated Z and that x & y are executors.

Did both executors confirm in writing to you that they nothing about any will? This is very odd if your father died in November.

Your father does not have to make provision for you in his will if he so wishes.
 
Back
Top