Does executor hold on to items specifically bequeathed

Jemma01

lindcariad said:

Flugelhorn said:

as they say @lindcariad , "where there's a will, there are relatives"

agree best to liaise directly with the solicitor in this case, the executor named in the will will not be applying for the probate anyway. 

The solicitor won’t give any info to me as not executor. I did ring but they repeat that until the executor calls into the office with ID and death certificate they can not do anything, and can not give any info over the phone as I could be anyone. 

I’ll take the jewellery, no energy for an argument,  but I have photographed each item and will tell them I have done so. 

Assuming that the solicitor does say "bring them in",
they can easily dispute that you took photographs and then hidden some things! So if anything went missing, your photos are meaningless to you, because they weren't taken  EITHER at the time of handing over to the solicitor OR signed at the time of handing over the jewellery to confirm the accuracy of photos.
If you want these photos to be useful, bring them in with you, and get the solicitor to sign each page confirming they received each piece (if these will stay overnight with them). 

poppystar

Jemma01 said:

lindcariad said:

Flugelhorn said:

as they say @lindcariad , "where there's a will, there are relatives"

agree best to liaise directly with the solicitor in this case, the executor named in the will will not be applying for the probate anyway. 

The solicitor won’t give any info to me as not executor. I did ring but they repeat that until the executor calls into the office with ID and death certificate they can not do anything, and can not give any info over the phone as I could be anyone. 

I’ll take the jewellery, no energy for an argument,  but I have photographed each item and will tell them I have done so. 

Assuming that the solicitor does say "bring them in",
they can easily dispute that you took photographs and then hidden some things! So if anything went missing, your photos are meaningless to you, because they weren't taken  EITHER at the time of handing over to the solicitor OR signed at the time of handing over the jewellery to confirm the accuracy of photos.
If you want these photos to be useful, bring them in with you, and get the solicitor to sign each page confirming they received each piece (if these will stay overnight with them). 

Get executor to sign each one as well. It is their responsibility to execute the Will correctly. Putting the onus back on them may make them back off. If they are renouncing executorship as they have intimated to you that is a very good reason to not hand anything to them. If they are just employing a solicitor to do the task for them then wait for the solicitor to ask, then proceed as you intend with photos. 

If the executor does renounce then it is open to your wife or her brother to apply for LoA with Will attached. They would be first in line to do that.

Is there enough cash in the estate to pay the solicitor without selling the house or jewellery? It won’t be a cheap option particularly if BIL doesn’t play nicely and the solicitors have to do extra work.