Suspicious sister

Shezzy1

Good afternoon, my mother in law passed away some weeks ago and it’s been a traumatic time for all. My fiancé is executor of the will with his brother. Following moms death my sister in law went to moms house and took the will, paperwork and all the bank accounts. She has arranged the funeral without consulting the 6 siblings and tried to arrange probate. However, she has now come to a standstill and wants her brothers to sign over the executor responsibility to her. They have refused as they want to do this themselves as directed by mom. Sister in law refuses to give them any paperwork, the will or the death certificate; now she has said if they decide to take over and ally for probate she will will put a caveat in place. We feel she has something to hide and can’t understand her behaviour? How can we move forward with this? She has now stopped answering calls, emails and deleted us from her social media contacts. Does she have something to hide or are we all being over sensitive? The Probate has now been started with UK Probate. 

xylophone

The Probate has now been started with UK Probate. 

 Who has applied?

74jax

Shezzy1 said:

Good afternoon, my mother in law passed away some weeks ago and it’s been a traumatic time for all. My fiancé is executor of the will with his brother. Following moms death my sister in law went to moms house and took the will, paperwork and all the bank accounts. She has arranged the funeral without consulting the 6 siblings and tried to arrange probate. However, she has now come to a standstill and wants her brothers to sign over the executor responsibility to her. They have refused as they want to do this themselves as directed by mom. Sister in law refuses to give them any paperwork, the will or the death certificate; now she has said if they decide to take over and ally for probate she will will put a caveat in place. We feel she has something to hide and can’t understand her behaviour? How can we move forward with this? She has now stopped answering calls, emails and deleted us from her social media contacts. Does she have something to hide or are we all being over sensitive? The Probate has now been started with UK Probate. 

Who applied for probate? 
Who paid for the funeral?
She may have taken the paperwork but that doesn't mean the bank accounts are closed etc.  I would find out who applied for probate and look at getting a copy of the Will from the Solicitors.  Double check who is Executor (not just what you think).

p00hsticks

She can't (successfully) apply for probate if she's not named as an executor on the will she'll have to provide (unless she's destroyed the will and is claiming to be an administrator to an intestate estate).

And you can get your own copies of the death certificate (cost is £12.50 each) by contacting the registrar in the district in which your mother-in-law died and the death was registered. (After around six months, you'll be able to order one ia the GRO national sitem but it;s takes a while for the details to work though)

Shezzy1

Sorry, I don’t know how to sewer individual replies if someone could advise. 

My sister in law tried to apply for probate then she hit a brick wall as she was not executor. She then got in touch with my fiancé and  brother to talk them into signing over the executor role to her. They disagreed but agreed to continue probate with the company she had started the process with. We have a copy of the will; named executors are my fiancé and his brother. The brothers have taken over the probate application process now. In the meantime she has become very angry saying she does not trust them and if she is not in control she will place a caveat in place. The brothers have made an appointment with the bank to find out what’s in the accounts if anything has been withdrawn after death, their Sister has already stated what’s in the accounts; but how does she know!
The funeral was paid for by a funeral plan in place which mostly paid for everything and any extras were paid by 6 siblings to the sister without question. The property has been left to her son who lived with her until his death. All stipulated in the will.  

Flugelhorn

Shezzy1 said:

The funeral was paid for by a funeral plan in place which mostly paid for everything and any extras were paid by 6 siblings to the sister without question. The property has been left to her son who lived with her until his death. All stipulated in the will.  

Do you mean her death ? if son had died can see there would be more complications. TBH if the property is the bulk of the estate and it has been left to one person then there is not much that sister can do to affect things going through - the key will be seeing that the bank accounts are intact - it is possible that monet cna be taken fro them just on sight of the death cert  

xylophone

Do you mean her death ? if son had died can see there would be more complications. 

Perhaps the OP means that mother's will has left an interest in possession to the son who was living with her at date of death and continues to occupy the property?

Shezzy1

xylophone said: t

The Probate has now been started with UK Probate. 

 Who has applied?

he sister applied but could not progress due to her not being the executor. The brothers have now applied

xylophone

The brothers have taken over the probate application process now. In the meantime she has become very angry saying she does not trust them and if she is not in control she will place a caveat in place.

https://www.georgegreen.co.uk/site/george-green-blog/will-disputes-what-is-a-caveat#:~:text=A caveat is a formal,to a caveat being lodged.

Shezzy1

Thank you. We have no idea why she is doing this as the probate process was started by her and the brothers are just continuing what she started. It makes no sense. 

Shezzy1

Flugelhorn said:

Shezzy1 said:

The funeral was paid for by a funeral plan in place which mostly paid for everything and any extras were paid by 6 siblings to the sister without question. The property has been left to her son who lived with her until his death. All stipulated in the will.  

Do you mean her death ? if son had died can see there would be more complications. TBH if the property is the bulk of the estate and it has been left to one person then there is not much that sister can do to affect things going through - the key will be seeing that the bank accounts are intact - it is possible that monet cna be taken fro them just on sight of the death cert  

Sorry, I hope I’m replying correctly I’m unsure how to reply. 

The mother has died and left the property to her son. The property will be sold and distributed to beneficiaries after his death or if he gets married. He is only 54.