Probate?

Dr._Shoe

My grandmother died at the end of October and Mum tells me that my brother and I (along with 4 cousins) are beneficiaries of her will. We get half of the estate between us while Mum and my Aunt get the other half. Nan was particularly shrewd when it came to money and actually managed to accumulate a not insubstantial amount. The will has gone to probate.

My mother is the sole executor of the will (AFAIK) but is quite elerly and easily confused. She will have the support of my step-father (a very decent and honest bloke) but I am worried that one of my cousins (a greedy, sly and manipulative young woman) might try to get probate and grab all the money for herself. Given that Nan would have used a solicitor for the will making and Step-Father is very savvy and would do everything he can to stop her too, can she do this?

g6jns_2

Do,you know who physically has the will? Nobody but the executor can apply for probate. It does not seem as if the cousin is likely to be able to do as you fear.

Dr._Shoe

Thanks for the reply.

I assume her solicitor will have it.

g6jns_2

It would be wise to check ASAP

SailorSam

You'll find the Probate office very helpful, if you're stuck or worried about anything it only takes a phone call and they'll talk you through it.

Tuesday_Tenor

You need to check exactly who the executor(s) is/are, as named in the will.
Could be Mum.
Could be Mum AND firm of solicitors.

And then double-check that Mum has not actually renounced her executorship role. If she has, and a solicitor was also joint executir, then the solicitor will carry on with the role.

You say that probate has already been applied for, so this should all be clear. As should the approximate value of the total estate, as this is calculated for the the application for probate.

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As stated, only the executor(s) can apply for probate.

The only way your cousin could get to administer the estate is in the following scenario:

Mum was the only named executor.
Mum renounces role of executir, leaving no executor.

Someone else would have to apply for Letters of Administration (with will annexed). [As opposed to Letters of Administration where there is no will].

The person closest to the deceased and next in line to administater the estate, if they wish to do so, would seem to be be Aunty.

After that, the granchildren (including you and the manipulative cousin) would have an equal right to apply to administer the estate.

Whoever administers the estate is legally obliged to distribute the estate according to the will.
Is there any reason to think cousin could manipulate herself into the position of Administrator? Is there any reason to think she could then access the assets and hide them from the family now that the first application for probate has established the approximate value of the estate?
Neither seems very likely to me.

In the interests of keeping everything in the open it might be helpful for the executor to give all of the major beneficairies a copy of the will, and approximate value of the estate, now. While there is no legal obligation to do so, it seems sensble and courteous, so I always have. [The will and grant of probate become publiclt-accessible documents once the grant is made, anyway].