Co-Executor witholding Will

lightmatter

I am Executor for a relatives Will. My co-Executor is refusing to show me the Will. What can I do?

AndrewSmith

A will is a public document and as co executor you have duties to perform concurrent with the role. Your co executor cannot refuse to show you the will.

Check the like below for more information and I would strongly advise speaking to a solicitor to get a warning shot fired across his bows.

http://www.hmrc.gov.uk/manuals/tsemmanual/TSEM6051.htm

floss2

AndrewSmith wrote: »

A will is a public document and as co executor you have duties to perform concurrent with the role. Your co executor cannot refuse to show you the will.

Check the like below for more information and I would strongly advise speaking to a solicitor to get a warning shot fired across his bows.

http://www.hmrc.gov.uk/manuals/tsemmanual/TSEM6051.htm

Before incurring legal costs, why not write to your co-executor, advising them that if they do not share the will with you in your position as executor, you will take legal action to force the issue. Add that of course you do not wish to do so, but are aware that they may legally be bound to do so, so feel you are being left with no option.

This may be enough to prompt them to share the will without costing too much money.

Savvy_Sue

Do you know why they're doing this? First step is obviously to ask, in writing, including choice quotes from somewhere like the probate service website about the role of executors and the consequences of misbehaving.

Johnhowell

AndrewSmith wrote: »

A will is a public document and as co executor you have duties to perform concurrent with the role. Your co executor cannot refuse to show you the will.

Check the like below for more information and I would strongly advise speaking to a solicitor to get a warning shot fired across his bows.

http://www.hmrc.gov.uk/manuals/tsemmanual/TSEM6051.htm

I thought a Will only become public document once probate has been granted, Letter of Administration issued and the Will registered. Up until then it is a private document.

If the estate is small - I think less than £7500 asset worth, then Probate will not be required (i.e. privaye document - not registered). Again, it is my understanding, that if Probate is required then all executors listed in the Will will have to attend an interview with the Probate Office. Therefore, a co-executor should not be able to get probate with out the OP.

Good luck,
John

Catti

An Executor can apply for Probate alone, even if other Executors have been appointed, provided that they then serve notice on the remaining Executors that they have made the application and that 'Power is reserved' to those other Executors. At that point the OP could contact the Probate Registry to be involved in the proceedings if he wishes to take on the role.

Whether a Grant of Probate is actually needed will depend on what is comprised in the estate and where any monies are held. Different banks have different rules for what they will pay out without Probate.

If a Property is involved, or certain other assets, then a Grant will be essential.

Goldenyears

Catti wrote: »

An Executor can apply for Probate alone, even if other Executors have been appointed, provided that they then serve notice on the remaining Executors that they have made the application and that 'Power is reserved' to those other Executors. At that point the OP could contact the Probate Registry to be involved in the proceedings if he wishes to take on the role.

A co-executor intending to act alone would need to get the other executor(s) to sign a PA25 reserve power form before the registry can grant probate. But since the registry often sends it to the sole applicant I suppose it could be forged quite easily - a weakness there.

Nine_Lives

Shame OP never returned with an update.

vikismith

Will is a legal document which contains all deceased person’s wishes so it is a public document. If your co executor creates any problems then you should take help from any other probate lawyer.

LandyAndy

vikismith wrote: »

Will is a legal document which contains all deceased person’s wishes so it is a public document. If your co executor creates any problems then you should take help from any other probate lawyer.

??? Did you read any of the foregoing before posting that ???

Chakani

Dragging up an old thread with nonsense on their first post? Spammer.