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

Marktheshark

They are not executors until they apply for probate.
They can refuse to be executors leaving the estate for someone else to apply.
They can cough up the will and apply themselves to stop someone else applying, thus forcing them in to action.
If they refuse to act as executors, apply yourself.
They then have two straight choices, pull the finger out or let you do it.

emma12345

Edited this.

emma12345

Thanks Mark

The solicitor has the will and I'm not sure he will give it to me. I'll try and get him to apply for probate with my name on it this week and if he doesn't then I'll do it myself.

But how do I get the original will off him if he won't give it to me?

TonyMMM

Have you and your sister actually instructed the solicitor to act for you and apply for probate ?

Did you make this instruction jointly as executors ?

Or did you or your sister instruct them independently ?

You need to be clear on this - solicitors are not the executors unless named as such in the will. If they aren't, they only act under instruction of whoever employs them.

If you can it is usually preferable, and certainly a lot cheaper, if you can avoid solicitors altogether and apply for probate yourself.

emma12345

Well we went for the meeting with the solicitors, left the account books and papers with him with the assumption that he would do the probate work for us. He said he would write to us with details of fees etc.

That was over 3 weeks ago. He's done nothing, not even written. He's not named as an executor in the will but holds the original will.

Can I ask for everything back from him? Does he have to give it to me or will he say we jointly instructed him (don't know if we did or not) and he can't give it to us?

Thanks for your help, it's appreciated.

g6jns_2

emma12345 wrote: »

Well we went for the meeting with the solicitors, left the account books and papers with him with the assumption that he would do the probate work for us. He said he would write to us with details of fees etc.

That was over 3 weeks ago. He's done nothing, not even written. He's not named as an executor in the will but holds the original will.

Can I ask for everything back from him? Does he have to give it to me or will he say we jointly instructed him (don't know if we did or not) and he can't give it to us?

Thanks for your help, it's appreciated.

The solicitor should write to you promptly setting out the fees and what has been agreed. You say you don't know if you instructed him or not???? You can ask for everything back but he is entitled to charge for any work done.

emma12345

Thanks, I spoke to him Friday, he hasn't done any work.