A little back ground - about 7 years ago my eldery great uncle passed away. He and my elderly great aunt (brother and sister) had lived together for most of their lives not marrying.
At my uncles funeral, my aunt informed us he 'left everything to her', which we expected and weren't interested in 'getting his money' anyway.
In less than 2 weeks we were attending my aunts funeral aswell - like a married couple, she couldn't live without him it seemed.
Never having children of her own, my aunt had named all of her nephews and neices and their children in her will. However because she had died less than 14 days after the person who named her in his will, legally she couldn't receive whatever he left her anymore. (We never knew about this law before this - strange law really)
We never found out who in the end did receive my uncles will though other members of the family would know as my cousin worked as a secretary for the lawyers who probated both wills.
My questions are this:
a) Is it really above board to allow my cousin, who was named in my aunts will, work on this will given she had vested interest in it? She signed some of the letters we received from the lawyer and was involved in handling her bank accounts and all other financial stuff to do with the will.
b)Is there a way to find out who was the 2nd party named in my uncles will? My cousin would have found out due to working for the lawyer, she would have had access to that will even though, given the circumstances of my aunt passing away under 14 days, we were told none of us had no legal right to know.
I'm not a Solicitor so I can't answer your questions, although I did want to say that I doubt your cousin could have any real 'sway' or power over the execution of your Uncles Will. I worked in a Solicitors office many years ago, and it was such a structured environment with tight procedures and very strict precedents - not only in terms of client confidentiality etc, but having to get EVERY little minute thing 'signed off' by the Partners.
What a bizarre law, to prevent your Aunt's entitlement to your Uncles will. I think that is sad and unfair. I hope you can find some peace in the matter soon.
The law states that people have to survive the deceased by at least 30 days to be their Executor. I mean, you think about it, you sign papers when the Will is going through probate (or letters of administration if there is no Will) and you can't sign papers as an Executor if you are dead too!
Your cousin may have worked in the solicitor's office, but unless she was a solicitor actually working through the probate process as an Executor, then there was no conflict of interest. Secretaries are just, secretaries. We don't hold any special "rules" or anything like that - I can work on any file really - I can jump from one firm to another firm (even in hardcore family matters) because I'm just a secretary - we're not important people
So if she's just a secretary, yes its all above board and legal. Even if she did sign letters, she probably didn't write them, in most firms I have worked for they dictate them, check them and then sometimes leave for the day giving you instructions that you can sign their mail on their behalf. So it may have been something as innocent as that.
And as far as I know there is no way (unless you ask your cousin) of knowing who the second person was, unless you get a hold of the Will.
Question about wills...any solicitors on here?
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