Executor trying to hold probate up - Can I do anything?

emma12345

There are 2 executors - another relative and me. We are also trustees to the estate as there are 2 grandchildren under 18 but we are not beneficiaries. The 3 grandchildren are beneficiaries sharing 50% of grandmother's house and one third of £150K each (or what's left of it after what could be considerable costs).

The problem is the other executor is trying to stop probate going through and anything moving forward. She lives in the house and has no intention of moving, ever. Solicitor told her when second grandparent dies they will have to. That's when they became difficult.

The solicitor has told me nothing can be done if one executor is being difficult. He has had most of the documents for over 3 weeks and hasn't even applied for probate.(Solicitor doesn't have the death certificate - other executor won't give them up so will have to get another.)

What can I do to get things started? How can other executor prevent this continuing, are there lots of signatures needed or something? Why can't the solicitor start things?

I'm not bothered by the house and her living in it, that's something for the future, but it would be nice to get things started and the money distributed anyway.

Help please?

G6JNS

emma12345 wrote: »

There are 2 executors - another relative and me. We are also trustees to the estate as there are 2 grandchildren under 18 but we are not beneficiaries. The 3 grandchildren are beneficiaries sharing 50% of grandmother's house and one third of £150K each (or what's left of it after what could be considerable costs).

The problem is the other executor is trying to stop probate going through and anything moving forward. She lives in the house and has no intention of moving, ever. Solicitor told her when second grandparent dies they will have to. That's when they became difficult.

The solicitor has told me nothing can be done if one executor is being difficult. He has had most of the documents for over 3 weeks and hasn't even applied for probate.(Solicitor doesn't have the death certificate - other executor won't give them up so will have to get another.)

What can I do to get things started? How can other executor prevent this continuing, are there lots of signatures needed or something? Why can't the solicitor start things?

I'm not bothered by the house and her living in it, that's something for the future, but it would be nice to get things started and the money distributed anyway.

Help please?

Yo could try writing formally telling her unless she cooperates you will apply to have her removed as co-excecutor and apply for a High Court writ to have her evicted. Obviously that is heavy handed but it may be the only answer.

emma12345

Thanks, I would if I had any money to do that, can't really afford it at the moment though.

Couldn't the solicitor who has all the accounts just fill out the probate form, get probate and start things moving?

Mattygroves2

emma12345 wrote: »

Thanks, I would if I had any money to do that, can't really afford it at the moment though.

Couldn't the solicitor who has all the accounts just fill out the probate form, get probate and start things moving?

The probate form needs to be signed by both executors so although the solicitor can do the forms it needs both of you to sign and then swear the oath.

Could you mention that there will be tax penalties if probate is left too long ? The IHT forms need to be filed within 6 months.

emma12345

Ah, I see the problem now thanks. My sister won't care about any tax penalties even though one of the beneficiaries is her son. She didn't even care about her son hence why he's in care, she only cares about herself!

I'm thinking the solicitor could start to apply for probate and send the form to her to be signed. If she refuses to sign the form or just ignores it, what happens then? Do you have to wait for a period of time and then the executor can be replaced?

Mattygroves2

emma12345 wrote: »

Ah, I see the problem now thanks. My sister won't care about any tax penalties even though one of the beneficiaries is her son. She didn't even care about her son hence why he's in care, she only cares about herself!

I'm thinking the solicitor could start to apply for probate and send the form to her to be signed. If she refuses to sign the form or just ignores it, what happens then? Do you have to wait for a period of time and then the executor can be replaced?

Ask your solicitor but I think you have to go through a court process to remove her.

The other problem you may have is that financial institutions may refuse to deal with the solicitor without the approval of both executors and they will certainly want sight of a death certificate before disclosing the details you need for the probate forms.

g6jns_2

emma12345 wrote: »

Ah, I see the problem now thanks. My sister won't care about any tax penalties even though one of the beneficiaries is her son. She didn't even care about her son hence why he's in care, she only cares about herself!

I'm thinking the solicitor could start to apply for probate and send the form to her to be signed. If she refuses to sign the form or just ignores it, what happens then? Do you have to wait for a period of time and then the executor can be replaced?

This link might help.

http://www.step.org/tackling-troublesome-executors

emma12345

Thanks.

Is there any reason I can't just get the probate form back from the solicitor and apply for probate myself. Where would the problems arise there?

G6JNS

emma12345 wrote: »

Thanks.

Is there any reason I can't just get the probate form back from the solicitor and apply for probate myself. Where would the problems arise there?

Both executors have to apply unless one renounces or is removed. The link I gave explains how to do this.

TonyMMM

Is the solicitor also named as an executor ? If not, who has instructed them , and what for exactly ?

emma12345

Well my dad booked the sols appointment. I got the stuff together - account books etc from their house and went with my sister to the solicitor. All seemed to be going ok until solicitor said sister would have to move out of house when my dad died. Then she has stalled.

And the solicitor has not done anything either, not even filled out the probate forms.