Contesting A Self Appointed Executor.

BTR75

I have very little knowledge of the probate system, so i am seeking a little bit of advise. My father died suddenly in January, leaving my sister and i as joint beneficiaries in his will, a will which does not have a named executor ! The issue i have is a very difficult relationship with my sister coupled with the fact I live some way from where my father and sister live, has enabled my sister to obtain the will and start probate proceedings without any consultation to become executor of the will . I need to stop her from getting probate of the estate as there is no way it will be handled in a fair and transparent way The estate and probate must be handled by a solicitor ..I have contacted the local probate office who have sent me a caveat form. I am just looking for a bit of advise as to whether this is the route , i need to take and what the downside to the caveat being overturned would be and if she can just self appoint herself as the executor.
Any help would be greatly appreciated.

Sea_Shell

I thought a will HAD to name an executor to be valid.

Keep_pedalling

Sea_Shell wrote: »

I thought a will HAD to name an executor to be valid.

Not the case.

http://www.privycouncil.org.uk/Formalities/Components/What-happens-if-no-executors-are-appointed.html

Keep_pedalling

BTR75 wrote: »

I have very little knowledge of the probate system, so i am seeking a little bit of advise. My father died suddenly in January, leaving my sister and i as joint beneficiaries in his will, a will which does not have a named executor ! The issue i have is a very difficult relationship with my sister coupled with the fact I live some way from where my father and sister live, has enabled my sister to obtain the will and start probate proceedings without any consultation to become executor of the will . I need to stop her from getting probate of the estate as there is no way it will be handled in a fair and transparent way The estate and probate must be handled by a solicitor ..I have contacted the local probate office who have sent me a caveat form. I am just looking for a bit of advise as to whether this is the route , i need to take and what the downside to the caveat being overturned would be and if she can just self appoint herself as the executor.
Any help would be greatly appreciated.

With no named executor either of you can administer the estate. Afraid sibling disputes over estates can be horribly expensive, but you first step is to consult a solisitor.

Tom99

[FONT=Verdana, sans-serif]I think a caveat just puts things on hold for 6 months whilst you take some action.[/FONT]
[FONT=Verdana, sans-serif]So maybe go ahead with the caveat then take some legal advice as to your options with the 6 mths period.[/FONT]
[FONT=Verdana, sans-serif]You need to act quickly because once probate has been granted I don't think you can take the caveat route.[/FONT]

Sea_Shell

Keep_pedalling wrote: »

Not the case.

http://www.privycouncil.org.uk/Formalities/Components/What-happens-if-no-executors-are-appointed.html

Interesting. Everyday's a school day :beer:

Yorkshireman99

BTR75 wrote: »

I have very little knowledge of the probate system, so i am seeking a little bit of advise. My father died suddenly in January, leaving my sister and i as joint beneficiaries in his will, a will which does not have a named executor ! The issue i have is a very difficult relationship with my sister coupled with the fact I live some way from where my father and sister live, has enabled my sister to obtain the will and start probate proceedings without any consultation to become executor of the will . I need to stop her from getting probate of the estate as there is no way it will be handled in a fair and transparent way The estate and probate must be handled by a solicitor ..I have contacted the local probate office who have sent me a caveat form. I am just looking for a bit of advise as to whether this is the route , i need to take and what the downside to the caveat being overturned would be and if she can just self appoint herself as the executor.
Any help would be greatly appreciated.

She has not appointed herself as excecutor. What she has done/is doing is applying for letters of administration with the will annexed. A caveat should allow you to apply jointly with your sister. You really should urgently consult a solicitor.

SevenOfNine

Bear in mind that whoever has the death certificate can do quite a lot just with that. Up to each organisations individual limit, she can use it to close bank accounts, transferring the money into her own name. Death cert, ID & signing a disclaimer allowed us to clean out late FiL's account with Lloyds.

Can't sell the house until we have the Grant, but pretty much everything else has been wrapped up regarding finance, including 4 insurance policies paying out!

Good job for the other beneficiaries we're not underhand, greedy or dishonest.

Get a solicitor.

YoungBlueEyes

Caveats can be lodged before probate is granted. First job would be to check if probate has been granted. There is a website you can check this on, and someone smarter than me will tell you what it is....

konark

If there's no executor on the will how many other defects does it have; is it even legal?

Is there a property? With just a death certificate and ID she can wipe out the bank accounts up to 30 grand.