I want to remove my name from a probate

delicious11

My name is currently on a grant of probate with two others and as time goes on it is becoming clear that none of us see eye to eye and are not prepared to work together. It is other two who are at loggerheads with me in the middle and it is causing me a considerable amount of stress which I cannot handle especially as I am also undertaking treatment for a medical issue. I have tried contacting the probate office to see how I can get my name removed but I can't seem to get through to anyone.

Does anyone have any knowledge of this procedure? If you do, could you please detail the procedure? Is there a form to fill in and will there be any fees involved? How long does the process take? Many thanks

antrobus

delicious11 wrote: »

...Does anyone have any knowledge of this procedure? If you do, could you please detail the procedure? Is there a form to fill in and will there be any fees involved? How long does the process take? Many thanks

If probate has already been granted, then I believe you have to apply to the High Court and ask to be removed. You would need to find yourself a solicitor to make the application on your behalf.

Keep_pedalling

If you guys have yet to actually get started on the probate you have two options. You can renounce your powers simply by writing to the other executors stating that you are renouncing your powers. Alternatively you can reserve your powers, which means you leave everything up to the other executors, but maintain your right to step in at a later date if needed.

How far have you actually got with the estate, and what is causing the issue between the other executors?

delicious11

Absolutely nothing has been done which is the main bone of contention. I come from a family where the opinion of a senior sibling normally takes priority over the the younger and therein lies the issue.

I have suggested several ways on how to proceed with the estate but as the youngest, my views have fallen on deaf ears. It has now gotten to the point where the main asset, the house is falling into a state of disrepair and is currently uninsured. There is also the issue of unpaid council tax bills on the property. I really want to take a step back to let the others sort it. I need to focus on my health and other personal issues. At this point I am prepared to walk away from my inheritance as the stress of getting it sorted with others at loggerheads and playing hardball with each other is driving me insane.

Question: Will the Power reserve stop the council hounding me for payment of council tax even though my powers are reserved? I have suggested renting out the property which would take care of the council tax but that is just another one of my suggestions which have been ignored.

How do I go about reserving my powers?

Yorkshireman99

delicious11 wrote: »

Absolutely nothing has been done which is the main bone of contention. I come from a family where the opinion of a senior sibling normally takes priority over the the younger and therein lies the issue.

I have suggested several ways on how to proceed with the estate but as the youngest, my views have fallen on deaf ears. It has now gotten to the point where the main asset, the house is falling into a state of disrepair and is currently uninsured. There is also the issue of unpaid council tax bills on the property. I really want to take a step back to let the others sort it. I need to focus on my health and other personal issues. At this point I am prepared to walk away from my inheritance as the stress of getting it sorted with others at loggerheads and playing hardball with each other is driving me insane.

Question: Will the Power reserve stop the council hounding me for payment of council tax even though my powers are reserved? I have suggested renting out the property which would take care of the council tax but that is just another one of my suggestions which have been ignored.

How do I go about reserving my powers?

Has probate been granted? Your siblings need reminding, in writing, not by email that they are personally liable for any losses if they do not act correctly.

Keep_pedalling

I have just re read your original post, where you say your name is on a grant of probate, so when you say nothing has been done, do you really mean nothing has been done about disposing of and distributing the estate after you have actually been granted probate?

If that is the case it's too late to reserve your powers.

delicious11

Yorkshireman99 wrote: »

Has probate been granted? Your siblings need reminding, in writing, not by email that they are personally liable for any losses if they do not act correctly.

Probate has been granted. I really do not want the stress of dealing with the estate seen as the other parties are behaving. As I said, I have my health to consider. This believe it or nor has been going on for nearly 6 years although the probate was only signed and granted last year. This was because one sibling had their name on the application in 2011 but they were constantly unavailable to get it signed. Then at the last minute one other sibling dropped out and and then another decided that there name had to be on it as well so they logged a caveat which delayed the probate further. It is a complete mess! Now it has been signed the same games are continuing. I want out for the sake of my health and mental stability.

I would rather sit back and watch without any responsibility (Power reserved) or be out completely (absolute renunciation of my powers).

delicious11

Keep_pedalling wrote: »

I have just re read your original post, where you say your name is on a grant of probate, so when you say nothing has been done, do you really mean nothing has been done about disposing of and distributing the estate after you have actually been granted probate?

If that is the case it's too late to reserve your powers.

So I can be forced to act when I no longer have the desire to do so?

Yorkshireman99

delicious11 wrote: »

So I can be forced to act when I no longer have the desire to do so?

You agreed to take on the job and unless you apply to the High Court to have yourself removed then you are stuck with it. As I said before your fellow executors need to be told that they will be personally liable if they don't do the job properly. They must insure the house and keep it in good repair. They really do need to be told in no uncertain terms to stop messing about.

delicious11

There has been a lot of ignorance on my part. This is what happens when one has been left devastated by a death of a parent and also when you trust older siblings to act accordingly. It wasn't so much that I agreed to take on a 'job'. I was asked if I would like my name on there and I casually said yes and now I have been given the run around with loads of stress for the past 6 years.

I have just called the Probate helpline and they have said that it is possible to get power reserved added to the original probate under my name even though it has been granted. Just waiting for them to give me call.

Keep_pedalling

I would suggest that between you, you get the most capable of the executors to take on disposing of the property and the rest of you take a back seat. 6 years is utter madness, but unfortunately family politics is often messy and common sense can be hard to find.