Probate and Using what has been left

murphy306

Just a query, if someone is left something in a will and has started to use it/modify it with change of use and treat it as their own before the Grant of Probate has been done is this normal or legal?

Tuesday_Tenor

Neither normal nor legal, IF you're sure the executors have not yet given this asset to him/her..

It isn't actually theirs until the Executors, having first been granted probate, have gathered in and then distributed the estate to the beneficiaries according to the will's instructions.

If it is a large estate taking time to fully settle, the executors might make an interim distribution to beneficiaries, giving them part of what they will eventually receive. Do you know for sure that such an initial/interim distribution hasn't been made?

Is this 'something' a property?
In which case
(a) on distribution of the estate [the solicitor acting for] the Executors will arrange for the transfer of names on the title deeds at the Land Registry.
(b) the person who has changed the use of it may be contravening other legal planning regulations as well.

murphy306

Yea it is land, they have taken over and proceeded to use it as they please . They are one of the executors and a beneficiary but nothing has been granted via probate official channels. No I am the other executor and beneficiary listed.

Tuesday_Tenor

To clarify.
Are you an executor of this estate?

Not sure whether your last sentence was intended to be

' ... I am the other executor listed'
or
'Nor am I the other executor listed'

??

murphy306

Yes I am one of the executor and Beneficiary listed

RAS

Are you a beneficiary?

And you are an executor?

If you are allowing a fellow executor to take over land and use it as they wish before probate is granted, you are in trouble as much as they are.

You need to talk to the Probate Office and maybe get a solicitor to tell them that they have to stop, unless you feel able to stop them yourself?