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Problems with executor

I am asking on behalf of a relative …their distant relative by marriage died over a year ago (august 2021). My relative was  advised within a few weeks of the funeral that they were a residual beneficiary (This they were told informally by the executors wife in a phone call) They have never had a formal letter informing them . They are not related to the executor & did not know them prior to this …there are apparently 3 residual beneficiaries after a few minor bequests . There is a house to be sold The executor is also a beneficiary 
    Until March this year my relative was in touch with the executors wife via text though the executors wife replies she has never got in touch voluntarily. In March it transpired that probate had still not been applied for & the house was still empty & unsold  My relative contacted her again in July but she did not reply .                       
   My relative then contacted the solicitor who we assumed was the co executor ( the solicitor was named in the deceased's spouses will as co executor when we did a probate search so we assumed they had mirror wills) .. the solicitor advised he could not give any information but would contact the executor for their permission , that was around 3 months ago,since then the solicitor has had permission from the excecutor and says he  is still awaiting contact from the 3rd beneficiary  
      We have heard from another family member that the executor maybe unwell & probate has still not been applied for .It is now 14 months since the relative died My relative is at a loss as to what they can do next  to speed up the process .

Comments

  • JGB1955
    JGB1955 Posts: 3,901 Forumite
    Sixth Anniversary 1,000 Posts Name Dropper
    Nothing can be done until probate is granted. Your relative can't speed up the process.  Just needs to take a deep breath and ....wait.
    #2 Saving for Christmas 2024 - £1 a day challenge. £325 of £366
  • comeandgo
    comeandgo Posts: 5,930 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    It’s only been a year and there is property.  They’ll just have to wait and I’d suggest they stop being so pushy.
  • Two things you can consider doing.
    Set up a property alert with Land Registry https://www.gov.uk/guidance/property-alert This will send an email each time there is activity on the property being sold. Be aware backlogs mean it will take a while for you to be notified of any sale.
    Lodge a standing search with the probate office https://www.gov.uk/government/publications/find-a-will-or-probate-document-form-pa1s, this lasts 6 months and you will receive a copy of probate and the will once probate has been granted. 
  • caw6
    caw6 Posts: 7 Forumite
    Seventh Anniversary First Post Combo Breaker
    Thankyou for your advice Alphatauri 
    He is already checking the probate registry regularly , but I will tell him about the property alert at the lane registry 
  • Land_Registry
    Land_Registry Posts: 6,212 Organisation Representative
    Part of the Furniture 1,000 Posts Name Dropper
    Two things you can consider doing.
    Set up a property alert with Land Registry https://www.gov.uk/guidance/property-alert This will send an email each time there is activity on the property being sold. Be aware backlogs mean it will take a while for you to be notified of any sale.
    Just to add that the notification is sent where there is significant activity and not just activity. So for example a priority search (Form OS1) which a buyer would submit just before completion and/or when the application to register their purchase 
    Notifications are sent on receipt of the significant applications so if the backlog mentioned is ours then it has zero effect re how quickly the notification is sent 
    Official Company Representative
    I am the official company representative of Land Registry. MSE has given permission for me to post in response to queries about the company, so that I can help solve issues. You can see my name on the companies with permission to post list. I am not allowed to tout for business at all. If you believe I am please report it to forumteam@moneysavingexpert.com This does NOT imply any form of approval of my company or its products by MSE"
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