PROBATE PROCESS

Fastrack1966

A relative died in June 2021 yet the will still cannot be found in the Gov.uk probate search. Obviously this means that there may have been no need for probate. However does this mean that no-one can see the will without the executor's consent? If someone thinks they are a benficiary and the executor refuses to reveal the will contents what can be done?

Keep_pedalling

Fastrack1966 said:

A relative died in June 2021 yet the will still cannot be found in the Gov.uk probate search. Obviously this means that there may have been no need for probate. However does this mean that no-one can see the will without the executor's consent? If someone thinks they are a benficiary and the executor refuses to reveal the will contents what can be done?

As no will can be found no one can view it! Unless the estate has no assets that would require probate before they could be released the someone is going to need to apply for letters of administration, which will normally be their nearest relative.

Fastrack1966

The will does not appear in the Gov.uk probate search - not that one does not exist or is lost. Can anyone apply for letters of admin? I am the eldest surviving relative but was not appointed as Executor. The fact that the executor may ignore me is a bit of an obstacle. I have no idea if a solictor was involved. 

Officer_Dibble

There'll be plenty of deaths from June where probate hasn't been granted yet. My mother died in June and probate was only granted at the beginning of December, without me particularly hanging round. There was a couple of months because of the solicitors who had the will denying having it (grr) but everything else was straightforward, it just takes a bit of time to get everything together.

As for what happens with the small number of estates where probate isn't needed, the executor should let any next of kin and beneficiaries know about what's in the will. If there's a significant amount involved which for whatever reason might not need probate (smaller amounts in several different investments) you might need a solicitor to write a stern letter warning of legal responsibilities. The executor can't just ignore you. Give it a few more months though to allow a bit more time for probate to go through.

Keep_pedalling

Fastrack1966 said:

The will does not appear in the Gov.uk probate search - not that one does not exist or is lost. Can anyone apply for letters of admin? I am the eldest surviving relative but was not appointed as Executor. The fact that the executor may ignore me is a bit of an obstacle. I have no idea if a solictor was involved. 

Apologies I miss read your post. If no property or other assets that require probate were contained within the estate then it is likely that probate was not required. A residue beneficiary is entitled to a copy of the estate accounts, but no one else does, so a dishonest executor is likely to get away with their dishonesty unless someone has evidence that they have been up to no good.

Officer_Dibble

You can get a court application to compel an executor into getting probate, which would then make the Will public, but it sounds a but tortuous and expensive. A solicitor's letter threatening this would probably do the trick though.

Keep_pedalling

Officer_Dibble said:

You can get a court application to compel an executor into getting probate, which would then make the Will public, but it sounds a but tortuous and expensive. A solicitor's letter threatening this would probably do the trick though.

I think that would only apply where an executor requires probate to wind up an estate but has failed to do so, you can’t compel someone to take out probate where it is not required, e.g. a small cash only estate or one with property passing to a spouse.

Fastrack1966

Thanks everyone, maybe I should give it another six months. I thought the average for the process to be finalised was six months, so I'll wait til June. Deceased had no offspring, spouse deceased long ago. Large number of life long friends from the locality who will no doubt be beneficiaries to some degree, hence I assume all that means probate will have been invoked? Watch this space................ 

Officer_Dibble

What about a (fairly) big cash only estate? It would seem odd that someone could leave £100k or so without a mechanism for the Will to become public. Up to £30k in some banks/BSs doesn't need probate, so it would only need the money to be spread around a few accounts and no property or other complications involved.

Thrugelmir

Fastrack1966 said:

 I thought the average for the process to be finalised was six months,

Averages mean little when individual circumstances differ. 

Officer_Dibble

The number of beneficieries/no offspring etc shouldn't affect whether probate's needed, it's purely down to whether institutions holding money need probate to release the money (they all have their own rules as far as the amount's concerned), or for sale of property etc. It's more likely to be needed if there's no spouse who's inheriting everything from joint accounts, but far from certain.

Is the executor likely to be a beneficiary? If so, that's likely to speed up probate application. If they've involved a solicitor it could drag on for ages.