Probate Question: Remarried Parent.
“My mother died 5 years ago and I have been unable to locate her will. I believe she did have one (as she had paid for her funeral long before she died) and was very efficient and prudent with her documentation and financial affairs. Her second husband has not advised us of any will and I have contacted several solicitors in the area but to no avail. My stepdad is now in the process of selling their property and I am concerned as to whether my mother left all her possessions to my stepdad. Do you have any suggestions or advice for me, as I understand that there is no longer a national will register. I look forward to hearing from you.
There are many shortcoming in our Legal System and the lack of a proper Will register is one of them! But to answer your question:
In many cases property is owned jointly in such a way that it automatically passes to the survivor.
In the absence of other assets requiring probate, everything may pass to the (new) husband pretty much automatically, without the need for probate.
If probate was required, you can obtain a copy of the Will (if any) and the Grant (if it was necessary) here: https://www.gov.uk/search-will-probate. But there will otherwise be no public record.
Hope that helps.
Note – Sound Planning for parents who remarry.
With second and subsequent relationships and marriages becoming far more common, it is important for couples to make prudent provision for both first and second families. It isn’t easy, but our Legal Planning experts can sort it out so it doesn’t leave a legacy of distrust and concern, as is the case in many second marriages, sadly.
It is perfectly possible to be fair and protect everyone’s interests.
Our associated Peace of Mind Service can help to keep your Legal Planning up to date as life changes and the government regularly changes the rules!