Executor(s) not executing

getmore4less

TBagpuss wrote: »

I don't think you would need probate if the house was held as Joint tenants, as it would pass automatically to the spouse. If it was held as TinC which would have to be the case if she set up a life interest and left her share to her children, subject to her spouse's right to occupy) then I think it probably would have to.
but this is something you need to get some proper advice about.

As long as there is a surviving legal owner a grant(probate or other) for deceased owner(s) is not needed.

Does not matter if Joint or TIC.

Plenty of threads cover this and has been confirmed on here by the land registry rep numerous times.

Bigphil1474

gm4l - thanks for that info. We also think there are some shares, savings, investments etc. in her own name, so I'm presuming they would need to , but we aren't sure on values though, so possibly not.
basil181 - we've started playing nice. We sent a friendly letter from the 4 of us last month just checking he was okay and if he needed any help, and a gentle reminder about the will. We'll keep in touch over Christmas and hope he wakes up. We'll then send a stronger letter earlier in the new year, and then eventually see if we can have him removed as executor. To be fair, all he needs to do is send us a copy of the will, and as probate sounds unnecessary, I suspect it won't make any difference to him financially.