Contentious Probate

Cardwell

I was named a joint executor of my dad’s estate along with my brother in late 2018. As my dad had made his will with his own solicitor, I contacted them soon after the funeral to initiate probate. My brother declined to attend the meeting with the solicitor and said he was happy for me to go on my own. The estate sounded quite straightforward, but the solicitor advised me that it would be easier for my brother to be the main point of contact for them, as I live overseas. I spoke to my brother who agreed to this suggestion and I offered any assistance that I could provide from a distance.

All appeared to be going to plan for the first 3 months and I got a couple of updates from my brother to that effect. There then was a period of radio silence where everything seemed to grind to halt. I asked my brother what was happening and I was told that there were some unexpected issues with the probate and that he was meeting with the solicitor to discuss these issues. I was never copied into any correspondence from the solicitor, so I was completely relying on my sibling for information. I am aware that sometimes probate can take up to six months, so I assumed that this was par for the course.

A couple of months went by before I received an email from a completely new solicitor to inform me that they had taken over the probate. This came as a complete shock to me, as my sibling hadn’t told me anything about this. I called my brother and he told me that he had been unhappy with the advice he had received from my dad’s solicitor and believed them to be incompetent and so had decided to change solicitors without consulting me. I contacted my dad’s solicitor by email to ask for their version of events, but they didn’t respond back to me.

Since then, I have been completely kept out of the loop. I have emailed and phoned the new solicitor to let them know that I am a joint executor and that I would like to be informed of any developments but this has not occurred (despite repeated emails). I have found out from another family member that apparently probate has now been granted, but this has not been communicated to me. I am wondering if I need to seek legal advice, as my brother is no longer answering my calls or emails. I have no idea what to do next.

I would be very grateful for any advice.

Keep_pedalling

Did you renounce or hold your powers in reserve?

Cardwell

No. I didn’t renounce my executor role.

When the new solicitor contacted me they asked me to allow my brother to be the sole signatory for the purpose of signing any documents (due to me being based overseas).

I was very reluctant to do this given how the situation had evolved, but I agreed when they confirmed that I was not relinquishing my executor status by doing this.

I’m now wondering if this was the correct action to have taken? At least if it had been necessary for me to sign documents I might have been kept in the loop.

JGB1955

It seems that when you agreed (with the second solicitor) that your brother should be the sole signatory, that was understood to be you reserving your powers.  That allowed your brother to apply for probate as a sole exectuor.

Cardwell

The new solicitor stated in writing to me that I was not relinquishing my status as an executor. I told the solicitor that I refused to agree to the request unless this was the case and I put this in writing. They responded affirming my status as executor in writing. I have contacted the solicitor since and they still agree that I am a joint executor for the estate.

I wasn’t getting any information from either solicitor even before I agreed to the signatory issue. Unfortunately, I have no legal knowledge and I trusted that my sibling and the solicitor would keep me informed of any developments as they occurred.

Obviously I now regret agreeing to my brother being the main point of contact, but I had no reason to be concerned at the time.

I can’t alter that decision, so I’m looking for suggestions as to how I should proceed. I’m worried about what will happen now that probate has been granted. 

Is there a way that I can check online to confirm that probate has been granted? Do I need to seek my own legal advice?

Grumpelstiltskin

Presume we are talking England or Wales?
If so then look here.
https://www.gov.uk/search-will-probate

Cardwell

Yes. Thanks for that.

Cardwell

Does anyone have any suggestions for how I could find good legal advice in this area of law in the UK? 

xylophone

You can type "contentious probate" into the search engine.

Cardwell

Update.

I found an excellent solicitor after an extensive online search, which led me to the legal500 website, which ranks law firms and lists outstanding lawyers as judged by their peers. The solicitor I found was recommended on the site and I identified him by searching by category of law.

I thought this might be useful information for anyone like me who has no idea where to start when looking for a good solicitor or barrister. This is the first (and I hope last) time I’ve ever had to seek legal advice and it was a very daunting process (lots of sleepless nights).

Good luck to anyone in a similar predicament.