Probate and Letters of Administration

JohnAndrew

In the months (maybe a year) up to my mother in laws death, she changed her will to name two of her grandchildren to be executors rather than her eldest son. The family are now estranged and no longer communicating. At her death her will had gone missing - however, it allegedly was found weeks later but two of the beneficiaries have not been given sight of the will so there is some doubt that it actually exists. As far as we know by checking on-line for a grant of probate it appears that probate hasn't been applied for.
My question is - can the two potential beneficiaries ask to see the will? and how long should we wait before seeking letters of administration to take the estate to probate without seeing the will?
There is a valuable property, now stood empty and deteriorating and possibly losing value.

elsien

The beneficiaries have no right to see the will until after probate. And you can’t apply for letters of administration if there is a valid will with named executors.

Taking a year to get to that stage isn’t unusual if there is some complexity to the person’s affairs. Or if the property is taking some time to sell. 

You haven’t actually said how long ago she died? 

Marcon

elsien said:

The beneficiaries have no right to see the will until after probate. And you can’t apply for letters of administration if there is a valid will with named executors.

Taking a year to get to that stage isn’t unusual if there is some complexity to the person’s affairs. Or if the property is taking some time to sell. 

You haven’t actually said how long ago she died? 

Over five years ago, from reading a previous post by OP: https://forums.moneysavingexpert.com/discussion/5957306/house-selling-with-complications/p2

I'm now confused, since that thread referred to selling the property imminently, which suggested that probate had actually been granted.

OP, please could you clarify?

ProbateNewbie

I think the OP's post from 5 yrs ago was regarding his Mother's house that he & his sister had inherited - this latest post is regarding his Mother in Law's Will & property etc?

JohnAndrew

sorry if i've caused confusion - the previous post was related to my mother's estate and has since been resolved. My MIL died January 23. The house is not yet on the market. There is some lack of trust of the people we are led to believe to be executors and we do not believe there is a valid will.

elsien

What grounds do you have for not believing there is a valid will, if you haven't seen it? Other than the fact that you haven't seen it. On what grounds would you be querying its validity - that's the first question that anyone is going to ask you. 
I would suggest that going ahead with applying for letters of administration without making any attempt to communicate with the possible executors could cause you problems. 
Stopping a probate application: Challenge someone else's probate application - GOV.UK (www.gov.uk)

JohnAndrew

thanks for all your help so far - I guess time will eventually tell.