Denied access to will- what can I do about it?

My mother's 2nd husband died recently, they were married 33yrs. Mum has dementia & is in care home. As her appointee have asked her husband's son to show me will as he says his father left everything to him. He refuses to show me will. Cannot get legal aid for probate matters & all solicitors I have spoken too say without a solicitor acting for us we can't force him to show us will. As son had access to all his father's & my mum's bank accts. he could have removed any money before his dad died & therefore would not have had to register with probate office. He won't even allow me acces to house(rented) to retrieve mum's personal stuff, phots & family mementos that she had before she married his father. It just seems so unfair that because mum & I can't afford a solicitor this man can basically just state that there's a will, everything is his & we can't do anything about it. If he produced a will & his dad did leave everything to him then I would drop the matter but I want to get some justice for my mum who can't fight for herself. Please, anyone out there who can help?How can we force his hand?

My mother's 2nd husband died recently, they were married 33yrs. Mum has dementia & is in care home. As her appointee have asked her husband's son to show me will as he says his father left everything to him. He refuses to show me will. Cannot get legal aid for probate matters & all solicitors I have spoken too say without a solicitor acting for us we can't force him to show us will. As son had access to all his father's & my mum's bank accts. he could have removed any money before his dad died & therefore would not have had to register with probate office. He won't even allow me acces to house(rented) to retrieve mum's personal stuff, phots & family mementos that she had before she married his father. It just seems so unfair that because mum & I can't afford a solicitor this man can basically just state that there's a will, everything is his & we can't do anything about it. If he produced a will & his dad did leave everything to him then I would drop the matter but I want to get some justice for my mum who can't fight for herself. Please, anyone out there who can help?How can we force his hand?

Contact Age concern or Help The Aged for advice. If they cant help, they maybe able to point you in the right direction.

Hope you get this matter sorted as soon as possible.

Also, have you asked anyone at your mums care home for advice? The matron maybe able to help.

I'm fairly sure that any will that is registered for probate becomes a public document.

I'm fairly sure that any will that is registered for probate becomes a public document.

If thats the case, contact the Town hall, hope this helps.

I'm fairly sure that any will that is registered for probate becomes a public document.

try contacting the citizens advice bureau - they will def know

good luck

Thanks to everyone for their suggestions.Care home know less than I do about the law.Already contacted Age concern, Citizens advice, various advice centres, Sheffield Law Society etc all pointed me towards solicitors.Called many solicitors all said the same thing, I wouldn't get legal aid for probate matters.2 of them suggested sending what's known as a 7day letter requesting access to will or would seek legal action but he still refuses to show will. Probate registry in London said if not a large amount involved probably didn't register will & even if will registered they would only issue information if executor requested.Solicitors have said to me that morally he should show me the will but without solicitor no way to force him.Spoken to Mum's social worker(no help at all)Have spent 6weeks trying to sort this out but appears there's a loop hole in the Law so that any executor can say there's a will leaving everything to them but no-one but a solicitor can force them to show the will.How do you contest a will when it may be nonexistent anyway & you can't afford a solicitor?Maybe willman could help?

Just to take a step back ..... if your mother was married to the deceased, shouldn't a will be irrelevant?

The spouse should inherit by right? ... at least a recognised share before other distributions?

Just to take a step back ..... if your mother was married to the deceased, shouldn't a will be irrelevant?

The spouse should inherit by right?

The will overrides any "right," although it can be contested under certain circumstances.

If there is no will, the spouse does not automatically inherit everything.

I explained my mum's situation to several solicitors.3 of them gave me free advice over the phone.They all said that IF there is a will then the husband could leave everything to his son but that if there IS NO will then any monies,chattels, car etc would by law pass to my mum.Remember, they were married 33yrs, lived together all that time in that house until mum went into care home last year. If mum was still living in their house right up to time of husbands death there's no way the son would have taken everything from her.The son(&executor) seems to be taking advantage of the fact that mum has dementia & had to go into care home because of her husband's illness.And also working in his favour was the fact that while his dad was ill he handled all Bank accts,pensions,attendance allowances etc for my mum & his dad so it was v.easy for him to access all their money.I have never asked the son about any money, it was after he refused me access to the house to get family mementos,photos etc that I asked if there was a will.Also,if he was left everything in will why not show it to me?V.suspicious!!

lyndiloo,

as I understand it, if someone dies intestate (without a will), and their estate is worth more than (say) £125,000, then half the estate goes to the surviving spouse, and the other half is divided between the surviving kids.

if the estate is over a certain amount, then the Govt take a cut, too.

The thing is, when was the will in question made? Was it made before your mother and stepfather married?

When I divorced, I was instructed by my solicitor that any will(s) I had made prior to the divorce would be invalidated by my divorce, and that, if I made a new will, and then remarried, then, again, the will would be invalidated, and I would have to re-write a will.