Executor refusing to action probate for personal gain,,,

befuddled000

Apologies, regular poster using AE as of a sensitive nature and family know username.

My mum has asked me to post, as her brother (A) is executor of their father's will (he died approx 4 months ago)

A is sole executor on their fathers will (there is a 3rd sibling, another brother) but is refusing to take any action as A's son is currently living rent free in my deceased grandfathers house.

A is refusing to take any action so that his son can remain there.

Is there a time limit on probate? Is there anything my mum can do?

Just to add, the will divides property and possessions 3 ways, for the 3 siblings (well it is a bit more complicated than that, but that is the gist! My grandmother died a few years back, so it was just grandad)

Many thanks for any help in advance.

withabix

You need to see a Solicitor, who will apply for a Court Order or a Letter of Administration from your local Probate Registry on your behalf, appointing one of the Beneficiaries (other than the Executor) as the replacement Executor.

Your relative CANNOT block the Execution of the Will. Four months is plenty long enough for them to have applied for Probate.

befuddled000

Thank you for this. Is there any sort of time limit or expectation on this? He is trying to cite work presurre and now Xmas as his reasons for delay.

What would happen if, for example, no one did anything?

withabix

If no-one did anything, the Estate would not be distributed.

Your relative is on potentially dangerous ground by doing nothing - insurances (house, contents) may be invalid.

What about Council Tax, utility bills, bank accounts, state pension, benefits, winter fuel payment etc? If the relevant bodies have not been notified, criminal offences may be being committed (relating to pensions/benefits) if these are still being paid into accounts or cashed.

If he hasn't 'got the time' to be Executor, ask him to rescind that role. There is a form on the Probate Service website for this.

I'm currently 'doing' my late father's Will - it does take some time, but isn't that hard.

befuddled000

AFAIK, all benefits etc have been stopped and the bank account is not being touched.

I quite agree about the Council Tax and insurance etc........

Uncle (A) seems to think that as my parents are not on the breadline and other brother is estranged, he can just leave things as they are.