Executor won't share Will

clairby

Sea_Shell said:

Another vote here for applying for Letters of Administration under intestacy and seeing what happens.

What's the worst that could happen?   They come running, waving a copy of the will.

I suppose if LoA are granted and you set about administering the estate, and they still don't come forward, it may be that the estate gets distributed and THEN they produce a will, which MAY include them as beneficiaries.  Not sure what would happen then?

Yes it's a route we've considered. They will undoubtedly challenge it, not because they want the inheritance, which is potentially not a lot anyway, but just to be as obstructive as possible.

clairby

Marcon said:

clairby said:

xylophone said:

..or they are aware that there is no time limit for administering an estate...

https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors#:~:text=If a named executor refuses,else to administer the estate.

The Attorneys are responsible for the financial affairs/health and well being of the Aunt.

As such, they need information relating to any money she may be due/any interest other than hers that there may be in the marital home.

It may be necessary for the Attorneys to request the aunt's solicitor to contact her stepsons so as to establish the exact position.

Already been done....numerous times. Always ignored! The solicitor is now saying she's not able to pursue it. 

Why is the solicitor 'not able to pursue it'? Perhaps time to consult someone else and possibly apply for this: https://sintons.co.uk/personal-family-probate/inventory-and-account/

Might get some reaction...

She is a fairly elderly, single practioner in a small town. She mainly deals in conveyancing and more straightforward issues. Anything else she declines to take on. She has known Auntie for many many years and indeed 6 years ago when all this started probably felt more able to deal with it. The upside is that she's barely charged anything to Auntie, unlike the 'big guns' we're going to have to instruct. Hey ho. Inevitable I fear.

xylophone

I say unconfirmed as we have not set eyes on the registry yet. I'm currently awaiting the solicitor to email the copies. 

You can check for yourself.

https://www.gov.uk/search-property-information-land-registry

clairby

clairby said:

Marcon said:

clairby said:

Mojisola said:

clairby said:

The executors have never applied for probate. They literally took the Will and have sat on it ever since- 6 years now.

clairby said:

 At some point land registry was updated.

How could they update the land registry without getting probate?

How is the ownership described by the LR?

No the deceased updated it sometime before he died(obviously!) I believe it's 'tenants in common' but we're awaiting confirmation on that.

You said earlier in this thread that it was tenants in common, but now you say you are waiting for confirmation. Have you actually shelled out £3 and downloaded the deeds from the Land Registry? If you have, apologies - but I'm finding it a bit hard to follow this thread. The words you're looking for are:

No disposition by a sole proprietor of the registered estate (except a trust corporation) under which capital money arises is to be registered unless authorised by an order of the court.

If those words appear, it's tenants in common; otherwise it is joint tenants and your aunt inherited the house automatically when her husband died.

Yes, we were told by her solicitor that 'it was her belief' that it was tennants in common. I say unconfirmed as we have not set eyes on the registry yet. I'm currently awaiting the solicitor to email the copies. 

Just received confirmation. It is Tenants in common. Registered when their home was bought in 2010.

clairby

xylophone said:

I say unconfirmed as we have not set eyes on the registry yet. I'm currently awaiting the solicitor to email the copies. 

You can check for yourself.

https://www.gov.uk/search-property-information-land-registry

Yes we've just seen the copy title deeds. It's Tenants in Common

Robert_McGeddon

Mojisola said:

 

Is there any possibility in reporting them to their professional bodies - a solicitor appointed as an executor who hadn't moved ahead with probate for so long would be seen as negligent.

I think Mojiola's thought has merit.  Are they solicitors?  Although there is no solicitor/client relationship the position of Executor is a legal one. Their inaction may therefore not be negligent as much as "behaviour likely to bring the profession into disrepute."  Getting harassed/investigated by your professional body can be extremely uncomfortable for professional people. Reporting them raises the stakes.

They're not responding to letters? Copied to two separate addresses?  Seems odd.

  1 Are you sure you've got the right addreses?

  2 Include this unprofessional/obstructive behaviour if you contact their governing body.

clairby

Robert_McGeddon said:

Mojisola said:

 

Is there any possibility in reporting them to their professional bodies - a solicitor appointed as an executor who hadn't moved ahead with probate for so long would be seen as negligent.

I think Mojiola's thought has merit.  Are they solicitors?  Although there is no solicitor/client relationship the position of Executor is a legal one. Their inaction may therefore not be negligent as much as "behaviour likely to bring the profession into disrepute."  Getting harassed/investigated by your professional body can be extremely uncomfortable for professional people. Reporting them raises the stakes.

They're not responding to letters? Copied to two separate addresses?  Seems odd.

  1 Are you sure you've got the right addreses?

  2 Include this unprofessional/obstructive behaviour if you contact their governing body.

Contact details are correct, however no response to any letters or emails at all to either son. Both solicitor's letters and personal pleas. Any further correspondence will be sent 'signed for' To my knowledge both sons trained as solicitors after University but have now each become specialised legal professionals in the financial sector. We feel as though we're in a 'David and Goliath' situation!
Their behaviour is appalling, but such is the depth of bitterness and hatred towards Auntie who was pursued for 25 years by their father-who was married with children-and eventually gave in!

xylophone

Just received confirmation. It is Tenants in common. Registered when their home was bought in 2010.

Then see my previous regarding sale of the property. 

At the worst, the Aunt has a right to half the sale proceeds of the property.

At the best, (depending on her husband's will) she may have the right to the whole.

Midway between, she may have the right to income generated by the investment of the money arising from her late husband's equity share.

In the circumstances, it seems to me that the Attorneys have the right to approach the court for an order requiring the stepsons/executors at the least to produce the will, at best to actually probate the will.

clairby

xylophone said:

Just received confirmation. It is Tenants in common. Registered when their home was bought in 2010.

Then see my previous regarding sale of the property. 

At the worst, the Aunt has a right to half the sale proceeds of the property.

At the best, (depending on her husband's will) she may have the right to the whole.

Midway between, she may have the right to income generated by the investment of the money arising from her late husband's equity share.

In the circumstances, it seems to me that the Attorneys have the right to approach the court for an order requiring the stepsons/executors at the least to produce the will, at best to actually probate the will.

Thank you. Yes. I think that's the conclusion we're coming to

Marcon

clairby said:

Marcon said:

clairby said:

xylophone said:

..or they are aware that there is no time limit for administering an estate...

https://www.wrighthassall.co.uk/knowledge-base/removing-and-substituting-executors#:~:text=If a named executor refuses,else to administer the estate.

The Attorneys are responsible for the financial affairs/health and well being of the Aunt.

As such, they need information relating to any money she may be due/any interest other than hers that there may be in the marital home.

It may be necessary for the Attorneys to request the aunt's solicitor to contact her stepsons so as to establish the exact position.

Already been done....numerous times. Always ignored! The solicitor is now saying she's not able to pursue it. 

Why is the solicitor 'not able to pursue it'? Perhaps time to consult someone else and possibly apply for this: https://sintons.co.uk/personal-family-probate/inventory-and-account/

Might get some reaction...

She is a fairly elderly, single practioner in a small town. She mainly deals in conveyancing and more straightforward issues. Anything else she declines to take on. She has known Auntie for many many years and indeed 6 years ago when all this started probably felt more able to deal with it. The upside is that she's barely charged anything to Auntie, unlike the 'big guns' we're going to have to instruct. Hey ho. Inevitable I fear.

Time to have a word with her and ask if she can recommend someone who feels able to take a much stronger line, couched in the terms 'more experience in this field...'. She's failing her client - and 'not charging much' isn't an excuse. It might be a huge relief to her if you did help her out of the corner she's painted herself into.