Will, probate and difference of opinion :(

littlehobbit

Yes wwl, this is what I hope to do, up to recently I thought the process of probate looked straightforward-ish to attempt ourselves. What I meant when I said get a solicitor involved is if the other executor is not willing to work with me and I have to get legal advice. (eg if they refuse to apply for grant of probate, it would not enable me to transfer the property into my name or sell the property)

littlehobbit

wwl wrote: »

As mentioned above, you could ask the other executor to reserve powers so they don't need to get involved. (They don't even need to fill in or do anything to say they're reserving powers, you just state it when you make the application).

Really? That is interesting, and might come in useful to know. I assume when I get the application forms for grant of probate it will show this, thank you. However if this was the case wouldnt it mean that any executor could exclude other named executors without their permission, which could cause all sorts of problems for executors who actually do want to be involved!


What still puzzles me is that other family members have told me that they have been executors in wills previously, even where property has been involved, and they didnt get grant of probate, I'm wondering if maybe the law on application for this has changed in recent years, since they were executors, or if they have somehow avoided applying for grant of probate?

wwl

littlehobbit wrote: »

Really? That is interesting, and might come in useful to know. I assume when I get the application forms for grant of probate it will show this, thank you. However if this was the case wouldnt it mean that any executor could exclude other named executors without their permission, which could cause all sorts of problems for executors who actually do want to be involved!

This is a fairly recent change - when I did Dad's Probate 5-odd years ago I had to get a form signed by the other executor and submit it with the probate application, but for Mum's last year this was no longer the case. As far as I know they did not contact the other executor, but of course they potentially could do.
Yes it is potentially open to fraud (as are many other aspects of the system) but mis-declaring on the application would be perjury.

What still puzzles me is that other family members have told me that they have been executors in wills previously, even where property has been involved, and they didnt get grant of probate, I'm wondering if maybe the law on application for this has changed in recent years, since they were executors, or if they have somehow avoided applying for grant of probate?

I'm no expert but everything I've read says that probate is necessary in order to be able to transfer property. There may however be some circumstances where this is (or was) not the case.
Of course if you just want to live in the property or rent it out indefinitely you could just do that without transferring ownership.

wwl

littlehobbit wrote: »

I assume when I get the application forms for grant of probate it will show this

You know you can just download these from the Probate service website.. PA1 is the main one.
https://www.gov.uk/wills-probate-inheritance/applying-for-a-grant-of-representation

getmore4less

in practice the Grant of probate and Grant of administration are the same thing, just different boxes on the PA1 form.


You need to do a PA1 and start filling in IHT205, it might at some point direct you to transfer to the IHT400 set of forms ir certain things are true.

As a named executor and the primary beneficiary it makes sense for you to do it. if all other beneficiaries get named items ther is nothing for them to fear.

If others are saying it should be shared who are they saying it should be shared with?

.

littlehobbit

Thank you, I really appreciate your advice wwl.

I had seen that you could download some forms, but I called them instead, just to make sure I would be filling in all the correct ones and they offered to send them in the post.

I have just read that an executor can only reserve their role as executor if they have not done anything, such as opened an executors account. So it may already be too late as we are in the process of doing this with his bank

littlehobbit

getmore4less wrote: »

If others are saying it should be shared who are they saying it should be shared with?

.

I am being told by the other executor that anything not specified in the will (money in the bank, life insurance, premium bonds etc) should be split equally between us two. The difference of opinion is that I think these things are included in the will under the 'residual estate' , however the other executor believes that 'residual estate' just means the house

getmore4less

property held in joint name does not need a grant.

very little has changed for years last big changes were intestate distributions(oct 14) and some a tweak to inheritance for adopted kids.

getmore4less

littlehobbit wrote: »

I am being told by the other executor that anything not specified in the will (money in the bank, life insurance, premium bonds etc) should be split equally between us two. The difference of opinion is that I think these things are included in the will under the 'residual estate' , however the other executor believes that 'residual estate' just means the house

Anything not mentioned specifically is residual, they are trying it on.

Not sure you even need an executors account if you get everything except the named stuff to the other person.

I would leave that for now and sort out the dispute first.

littlehobbit

getmore4less wrote: »

property held in joint name does not need a grant.

very little has changed for years last big changes were intestate distributions(oct 14) and some a tweak to inheritance for adopted kids.

The property is/was just owned by one person, the family member who left the will. Do you mean the other executor might be wanting us to put the house in both executors names to avoid applying for grant of probate? Not sure I would want to do that, the other executor would then own half the house and may decide to keep it!