Will and Executor issue

Sea_Shell

As an aside question.

What happens if a close relative applies for Letters of Administration, and then another person (like in this case) then later produces a valid will?? Do the LoA get revoked? What if you've already made a start on dealing with the estate?

Malthusian

Sea_Shell wrote: »

As an aside question.

What happens if a close relative applies for Letters of Administration, and then another person (like in this case) then later produces a valid will?? Do the LoA get revoked? What if you've already made a start on dealing with the estate?

The letters of administration would be revoked. Administering an estate isn't a race. If you've started distributing the estate's dosh incorrectly in line with intestacy rules, the beneficiaries will have to return the money, and if it can't be recovered, you will be liable.

This is why an exhaustive search for a valid Will should be carried out before you go down the intestacy route. Exhaustive means that if there's a valid Will and you didn't find it, it wasn't exhaustive.

In this case there is strong evidence that there is a valid Will because the OP has seen a copy and presumably it was signed in all the right places. The idea that it might not be valid because the executor didn't show the OP the wet signature original - which they have no obligation to do - verges on conspiracy theory.

The OP should wait for probate to be granted. If probate is granted the Will was valid. If nothing happens then either the executor doesn't have a valid Will or they do and are sitting on it. Either way the OP will need professional legal advice; if they have to go to court to unseat the executor it will be very expensive. It has only been a month since the deceased's death so it is far too early to start forming plans of attack, though there is nothing wrong with being aware of your options.

Sea_Shell

Thanks for that comprehensive answer.

I'm interested in that I have a close relative that has adamantly said they are NOT making a will. So we would have no reason to think that there is one...BUT will they, and not tell anyone??

Malthusian

Sea_Shell wrote: »

Thanks for that comprehensive answer.

I'm interested in that I have a close relative that has adamantly said they are NOT making a will. So we would have no reason to think that there is one...BUT will they, and not tell anyone??

Before whoever is going to take on the job of administrator applies for letters of administration, they should conduct an exhaustive search of their house and papers, contact any professional advisers, ask the immediate family whether they mentioned a Will, all that common sense stuff.

If they make a valid Will and then hide it somewhere the executor is never going to find, no-one else is going to find it either, so it doesn't matter.

nom_de_plume

In light of Malthusian's very detailed and constructive comments, perhaps this link will prove more useful than my earlier suggestion :-)

https://www.funeralguide.co.uk/help-resources/managing-your-estate/removing-and-substituting-executors