Executor won't progress Probate

maverick19

HELP!!    My mother in law died last year and the executors are her son-in-law and her granddaughter.
Unfortunately the two fell out some years ago and don't talk.
The granddaughter has appointed a solicitor to carry out the probate but can't as the son in law wont co-operate.  It is extremely frustrating as whilst I don't gain anything personally from the will.  My two daughters do..  a quarter share of the home.  The son in law keeps saying he needs more time but in effect isn't doing anything..  just doing it to spite the granddaughter.  Despite a year passing we are still at stalemate.  The solicitor is now saying it may be necessary to appoint a barrister (15-20k) to remove the son in law with no certainty of costs being awarded against the son in law.
I struggle to see how someone can fail to carry out a legal duty and the law can do nothing without expensive litigation.
ANY help or advice most welcome.

xylophone

https://blog.lawpack.co.uk/what-to-do-if-youre-unhappy-with-an-executor/#:~:text=If the executor refuses to,else to administer the estate.&text=But if the executor has,a citation cannot be served.

sassyblue

Please clarify with your solicitor what he is advising you. I think he means court costs to remove the son in law as executor could cost up to £15-£20k with them employing a barrister for the court hearings.

[Deleted User]

I’m so sorry to hear about your suffering. We are dealing with exactly the same, but my father (the benefactor)  is terminally ill so time isn’t on his side. It is corrupt that an executor can create so much stress, upset and debt because they decide to be arrogant and selfish. I think the law needs to change,  if they haven’t carried out the deceased wishes after 6 months, then it should automatically be reverted to a solicitor etc to proceed. All the legal costs should definitely go to the executor for failing to carry out their duty. Until all the estate has been dealt with, people can not move on to grieve for the deceased. The executor who was trusted by the deceased to carry out their final wishes, obviously have no conscience and clearly no respect for the deceased.

Pennylane

This happened on my Inlaws side and their son who made himself sole executor took 2 years to sort out a very straightforward will. His excuse was he was busy and had other things to do.  

Pennylane

Deleted User said:

I’m so sorry to hear about your suffering. We are dealing with exactly the same, but my father (the benefactor)  is terminally ill so time isn’t on his side. It is corrupt that an executor can create so much stress, upset and debt because they decide to be arrogant and selfish. I think the law needs to change,  if they haven’t carried out the deceased wishes after 6 months, then it should automatically be reverted to a solicitor etc to proceed. All the legal costs should definitely go to the executor for failing to carry out their duty. Until all the estate has been dealt with, people can not move on to grieve for the deceased. The executor who was trusted by the deceased to carry out their final wishes, obviously have no conscience and clearly no respect for the deceased.

Very sorry to hear about your Father.  The system is corrupt as you say and needs a massive overhaul.

Another death related situation that needs looking at is where a person can put a caveat on a probate application for just £3 and it stops the application going through for 6 months.  They  can then renew this for further 6 month periods for further £3.  What is really wrong about this is that they don’t even tell the executors (s) why they are doing this.

I would just suggest you keep contacting him and instructing him to carry out his executor duties in a timely fashion.  

SevenOfNine

What's been happening with the house for the past year while he's been stubbornly refusing to move things along? Who's covering ongoing costs (insurance, heating to comply with the insurance, weekly visits etc).

Perhaps the solicitor needs to write to him laying out his options. Power Reserved might satisfy him, still some 'control' if he wants to step back in. When he knows what plan B might entail (xylophone's link) he may think again about holding out for much longer.  Presume he's not a beneficiary, so no financial interest in getting this done?

Does he have money/property that he may lose IF a barrister is required & he DOES end up with costs awarded against him?  Hopefully he has, might focus his mind on exactly what he wants to risk in pursuit of his spite.

maverick19

Thanks guys for the replies.  
Yes the solicitor is saying the court costs incl barrister to remove him is likely 15-20k.  Solicitor is saying if they did move to remove him from executor they would want the costs upfront for the barrister.
He's been written to by the solicitor a few times and told he may bear the costs but still continues to stonewall.

maverick19

Yes the house stands empty.  The insurances are being paid by the granddaughter as is the standing charges for gas and electricity and water.   
Yes he had money and a house of his own.
Solicitor advises no one directly reminstrate with him as it might make situation worse!
The law seems very much an !!!!!! to me at the moment

Keep_pedalling

Do you have anyone one in the family who is on good terms with him? If so could a friendly chat over a couple of beers be enough to persuade him to either renounce or hold his powers in reserve so the solicitor can get on with probate.

Sea_Shell

You say that it's her Son in law and her granddaughter that are the executors.

Where is her SiL's spouse (her child?) in all this, have they unfortunately already passed?