A messed up probate application.. 22 July at 9:51AM in Deaths, Funerals & Probate 12 replies 421 views

Failstaff

I'm wondering if anyone can help me on this issue..

Cutting a long story short, I was told I was the executor of my late mother's Will. I've gone through an on-line process of applying for Grant Of Probate.

I've made the submission but not sent the Will because it turns out, I'm not actually the Executor....I would only have become one should my Father have pre-deceased my mother (he hasn't!).

I'm having difficulty contacting HMCTS by phone and email. What I would like to know is,

1) is it possible to revise the application at this stage?

2) would it be better to do the whole process again from scratch with my father properly reflected as Executor?

Or is there any other option? Any advice gratefully received.

xylophone

https://www.gov.uk/applying-for-probate/apply-for-probate
It specifically states here that you can only make an on line application if you have the original will!
Have you tried the web chat?

Failstaff

Thank you for the reply. The webchat does not seem to be up at this time.

I have the original Will. I can now see that I am not the Executor at all, despite being told I was.

xylophone

What does your father have to say about the matter?

Mojisola

Does your father want to be the executor?

Failstaff

My father is happy for me to proceed, there are no issues there. My fear is that the application could be rejected given that I filled in the application with my self as the Executor, but the Will says that I am only an Executor if my father pre-deceased my mother.

Mojisola

Your father could fill in a Deed of Renunciation and let you take on the role.

Failstaff

Mojisola said:

Your father could fill in a Deed of Renunciation and let you take on the role.

I was thinking about that. Is there an easier way that my father can declare that I am proceeding on his behalf, something like "Power Reserved" ?

I'm tempted to scrap it all and start a new application with my father beside me. I'll have to fork out again for the process. I assume that my previous (wrong) application would not interfere and would expire.

Mojisola

If you were both appointed as executors, your father could do reserved powers and leave you as executor but, if you were to take over, he would have to renunciate or, as you say, start again with his name on the paperwork, even if you do the work.

Failstaff

I think, in the short term, I'll try again and contact them via email, telephone and webchat, but I'm hearing nothing back from them.

If there is no progress in a few weeks, I'll just bite the bullet and redo.

AnotherJoe

My condolences.

I would try the route of getting your father to write a very short (one para) letter saying he has appointed you as executor and reserved powers himself (or renounced), perhaps get it witnessed and then send that on to probate people.

If you think about it (warning, IANAL ! ) its little different to your father appointing a solicitor as executor.

p.s. have you now read the will to see if there are any other surprises in it? !